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Criminal Miscellaneous No. 1689/11 of 1985, decided on 22nd July, 1985.
‑‑-----S. 497‑‑Penal Code (XLV of 1860), S. 148/302/307/325/149‑‑Bail‑ Dictum of consistency‑‑No injury having been caused by accused to deceased‑‑General allegation of causing injuries to witnesses alongwith others‑‑Two of accused were already on bail allegedly having caused specific injuries to witnesses‑‑Other two having general allegation of causing injuries to witnesses, against them, also having been released on bail‑‑Accused's case at par with those accused who were, released on bail‑‑Following dictum of consistency, accused released on bail.
Muhammad Aqil Mirza for Petitioner.
Bashir Pervaiz for the State.
Petitioner seeks bail in case F.I.R. No.185, dated 11‑8‑1984, Police Station, Jalalpur Jattan, District Gujrat, under section 302/307/ 325/148/149, P.P.C.
2. Apart from the petitioner eight others have participated in the occurrence. Muhammad Ashraf had died in the occurrence while Ghulam Sarwar complainant, and Mian Khan P.W., had suffered injuries. According to the F.I.R. the deceased had been caused injuries by Iftikhar and Ilyas.
3. The allegation against the petitioner is that he had caused injuries alongwith others to the P.Ws., after they had fallen on receipt of injuries.
4. Learned counsel for the petitioner contended that there is no allegation against the petitioner of having caused any injury to the deceased and that only general allegation has been levelled that he had, caused injuries to the witnesses alongwith others, after they had fallen on receipt of injuries. Learned counsel pointed out that Abdur Razzaq and Afzal, co‑accused of the petitioner, who were alleged to have caused specific injuries to the witnesses were granted hail alongwith Muhammad Hayat, vide order, dated 9‑4‑1985, in Criminal Miscellaneous No. 620/B of 1985, while Ghulam Abbas and Ghulam Rasul, against whom there was general allegation of having caused injuries to the P.Ws., were granted bail vide order, dated 3‑3‑1985, in Criminal Miscellaneous No. 330/B of 1985, by my learned brother Mr. Justice Mazharul Haq. Learned counsel submits that the case of the petitioner is on better footing than Abdur Razzaq and Muhammad Afzal and is at par with the case of Ghulam Abbas and Ghulam Rasul.
The contention of the learned counsel for the petitioner are borne out from the record.
5. Keeping in view the above facts and following the dictum of consistency, I feel inclined to grant bail to the petitioner. He shall be released on bail on his furnishing a bail bond in the sum of Rs.25,000, with two sureties in the like amount, to the satisfaction of Assistant Commissioner, Gujrat.
S.A. Bail granted.
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