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Criminal Miscellaneous Nos.1976‑Band 2379‑B of 1986, decided on 6th October, 1986.

‑‑‑S.497‑‑Penal Code (XLV of 1860), S.307‑‑Bail, grant of‑‑Incident appearing to be a case of free fight in which both parties tested their strength against each other‑‑Present case, counter‑version of case in which three persons died as a result of fire‑arm .of injuries from accused side but no loss of life from complainants' side‑‑No bony injury to any one of victims of alleged murderous assault pointed out Petitioners allowed bail. In circumstances.

Dr. Khalid Ranjha, Shahid Hussain Kadri and Ch. Muhammad Ibrahim for Petitioners.

Mrs. Yasmin Saigol for the State.

Sardar Muhammad Latif Khan Khosa for the Complainant.

Muhammad Sadiq, Tahir, Muhammad Sharif, Muhammad Farooq petitioners in Criminal Miscellaneous 1976‑B of 1986 and Gulzar, Sardar alias Taya, Mukhtar alias Guddoo, Ghulam Dastgir alias Sohail, Hassan Din, Abdul Sattar and Fateh Muhammad petitioners in Criminal Miscellaneous No.2379‑B of 1986, alongwith 8 others are accused of having murderously assaulted the witnesses of this case. The case was registered against them at Police Station Dijkot on 24‑5‑1985 under sections 307, 148/149, P.P.C. Their co‑accused Muhammad Mazhar is an absconder. My this order will dispose of both the petitions.

2. This is the counter‑version of a case which was registered earlier vide F.I.R. No.74 at the instance of Muhammad Rashid against 11 persons some of whom are witnesses in this case. In the other case, three person died as a result of fire‑arm injuries. The motive in both the cases was previous election enmity but according to the Investigating Officer Mr. Khadim Hussain D.S.P., the occurrence took place because brother of Gulzar petitioner was taken into custody by the police who was got released by Afzal an accused in this case, over this a dispute arose because the complainant party was interested in the apprehension of Gulzar's brothers. Both sides armed themselves and opened fire at each other.

3. Without prejudice to the case of either side prima facie it appears to be a case of a free fight in which both parties tested their strength against each other. In this view of the matter, ultimately, it may be a case of individual liability. Although, it is a case of fire‑arm injuries to the victims but both the learned counsel for the complainant and the State have not been able to point out any bony injury to any of the victims. There has been no loss of life from the side of the complainant, although, three persons have been killed in the counter‑case. I allow bail to the eleven petitioners in the sum of Rs.25,000 (Rupees twenty‑five thousand) each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Faisalabad.

S.G.D.

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