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Criminal Miscellaneous No. 1432/13 of 1985, decided on 22nd June, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307/148/149‑‑Bail, refusal of‑‑Two accused persons and their co‑accused killing one person and injuring others with their respective weapons‑‑Two accused petitioners though found innocent in an earlier investigation but they were found guilty in second investigation after recording statements of many witnesses‑‑Both of, accused consequently ordered to be challaned with remaining co‑accused‑‑Three guns and three carbines were used and one person lost his life and ten persons injured in occurrence‑‑Accused, held, not entitled to bail‑‑Bail refused in circumstances.
Aitzaz Ahsan for Petitioners.
Irshad Ahmad for the State.
Ch. Ijaz Ahmad for the Complainant.
Date of hearing: 22nd June, 1985.
This is a petition under section 497, Cr.P.C. by Muhammad Ismail and Munshi, petitioners, for bail in respect of a case instituted against them and eight others under section 302/307/149/148, P.P.C. at Police Station, Narowal, District Sialkot.
2. The prosecution case in brief is that Muhammad Ismail, petitioner, and Yaqub and Amin co‑accused, all armed with guns, Munshi petitioner, and Qaiser and Shabbir, co‑accused all armed with carbines, and Khalid Mahmood, Muhammad Ishaq, Muhammad Anwar and Naseer Ahmad co‑accused, all armed with Sotas, assaulted and injured the complainant party, killing Niamat Ali, deceased and injuring Muhammad Hanif, Muhammad Khan, Sarder, Allah Rakha, Nazir, Bashir, Mst. Barkat Bibi, Mst. Sabiran Bibi and Mst. Naziran Bibi P.Ws. The motive for the occurrence was that there was a dispute between the complainant party and the accused party over Shamlat Deh land.
3. On behalf of the petitioners it is submitted that Muhammad Ismail and Munshi, petitioners, were found innocent by the local police and were got discharged by the order of the Magistrate on 13‑9‑1984 and that they are, therefore, entitled to be released on bail. With particular reference to Munshi, petitioner, it is submitted that he did not injure Niamat Ali, deceased.
4. I have heard the arguments of the learned counsel for the petitioners, the complainant and the State and have perused the record. It is true that Rai Muhammad Amir, Inspector, found the two petitioners, innocent, which investigation was verified by Rana Rashid D.S.P., but it appears that a second investigation was conducted by the Crimes Branch Police, wherein Muhammad Mushtaq D.S.P. found the two petitioners guilty and has ordered them to be challaned with the remaining co‑accused. The police file shows that Muhammad Mushtaq. D. S. P. Crimes A Branch recorded the statements of many witnesses, before arriving at the finding that the petitioners were involved in the crime in instance. In the instant case, these guns and three carbines have been used and one person lost his life and no less than ten persons have been injured. Taking all circumstances into consideration, I hold that the petitioners are not entitled to be released on bail. This petition is dismissed.
H.A.K. Bail refused.
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