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Criminal Miscellaneous. No. 2018/B of 1986, decided on 30th July, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302/34‑‑Bail, grant of‑ Petitioners variously armed with spears and causing a number of incised injuries to witnesses including grievous injuries‑‑Result of some of injuries yet to be received‑‑Petitioners, held, not entitled to bail, in circumstances.

Ch. Muhammad Anwar Bhinder for Petitioners.

Muhammad Aqil Mirza for the Complainant.

Abdur Rehman for the State.

This is a petition under section 497/498, Cr.P.C. by Muhammad Ali alias Lala, Muhammad Siddique and Sardar Khan alias Dari, petitioners, for bail in respect of a case initiated against them and one other by the police during the investigation of a cross case registered by Muhammad Ali, petitioner, against the present complainant party.

2. The prosecution case in brief is that Muhammad Ali and Sardar Khan, petitioners and Muhammad Hanif, co‑accused, and Abdul Majid (since dead) all armed with spears and Muhammad Ali, petitioner, armed with a Sota, launched an attack on Bati, Muhammad Nazir and Mahboob Elahi P.Ws. inflicting grievous. and simple injuries on their person. The motive for the attack was that two/three days before the occurrence, the buffaloes of the petitioners had destroyed the crop of the complainant party, over which Muhammad Hanif, co‑accused and Bati P.W. had quarrelled and assaulted each other and Muhammad Hanif, co‑accused had left threatening to take revenge.

3. I have heard the arguments of the learned counsel for the petitioners, the complainant and the State and have also perused the police record.

4. On behalf of the petitioners it is submitted that in the initial investigation conducted by the local police, the complainant party were found to be guilty, whereas later after thirty‑five days, a cross case was initiated against the petitioners in which the case of the complainant party was found to be correct. It is further submitted that Muhammad Hanif, co‑accused, is alone attributed the grievous injury on the left flank of Mahboob Elahi P. W., whereas the other injuries attributed to the petitioners are on the non‑vital parts of the body of the injured witnesses. It is also submitted that there is a cross case and the question as to which party is the aggressor, calls for further inquiry. It is contended that four persons on the side of the petitioners were injured, as against three on the opposite side. It is submitted that the injuries on the petitioners were primarily on their hands, showing that they were acting in self‑defence.

5. I have heard the arguments of the learned counsel for the petitioners, the complainant and the State. According to the final investigation conducted by the C.I.A. which was confirmed by the Deputy Superintendent of Police, Headquarters, Gujrat, the present version of the complainant party was found to be true. Three spears and a Sota appear to have been used in the present case with abandon. There are a large number of incised injuries on the person of the three injured witnesses. Bati P.W. sustained three incised grievous injuries. The result of two injuries on Nazir and three injuries on Mehboob Elahi P.Ws., which were kept under observation, have as yet not been received. Without going on the record as having given any finding in the matter, I would only say, for the limited purposes of this bail petition, that the petitioners are not entitled to be released on bail.

6. For the foregoing reasons, there is no merit in this petition and the same is dismissed.

S.G.D.

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