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Criminal Miscellaneous No. 140 of 1984, decided on 3rd February, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.307‑‑Bail, grant of‑‑Two of co‑accused found innocent by police and placed in column No. 2 of challan‑‑Petitioner also receiving sharp and blunt weapon injuries during occurrence and a cross‑case on same facts got registered against five members of complainant party and question as to which party was aggressor yet to be resolved at trial‑‑Fire‑arm head injury attributed to petitioner found simple‑‑Petitioner allowed bail, in circumstances.
Ch. Liaqat Ali Sindhu for Petitioner.
S.M. Hamid Ali for the State.
Date of hearing: 3rd February, 1986.
This is a petition under section 497/498, Cr.P.C. by Muhammad Arif, petitioner, for bail in respect of a case instituted against him and two others under section 307/34, P.P.C. and against him under section 13 of the Arms Ordinance registered at Police Station Wandho, District Gujranwala, on 5‑8‑1985.
2. The prosecution case in brief is that on 4‑8‑1985 at about 9‑00 a.m. Muhammad Hussain complainant alongwith his two sons Liaqat Ali and Riasat Ali P.Ws. were going on a tracter to his fields, when on the way, near a mound of earth, they came across Muhammad Arif, petitioner, armed with a carbine, Sooba, co‑accused, empty handed, and Talib Hussain, co‑accused, armed with a Sota Upon a Lalkara raised by Sooba, co‑accused, Muhammad Arif, petitioner, fired a shot with his cabine on Riasat Ali, who was driving the tracter, which shot missed. Due to fear, Liaqat Ali P.W. jumped down from the tracter, when Muhammad Arif, petitioner, fired a shot at him, which hit him on the front of his head. The members of the complainant party then happened to snatch the carbine from Muhammad Arif, petitioner, which was subsequently produced before the police. During the incident, Talib Hussain, co‑accused, caused two injuries on the back of the right hand of Liaqat P.W.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. Sooba and Talib Hussain, co‑accused, were found innocent by the police and their names have been placed in column No. 2. In the same incident, Muhammad Arif, petitioner, also received two sharp‑edged and eight blunt weapon injuries, of which one blunt weapon injury was found to be grievous. On the same F.I.R. a cross‑case has also been registered by the police against five members of the complainant party under section 325/424/148/149, P.P.C. Both the challans have been filed in Court. The fire‑arm injury on the front of the head of Liaqat Ali P.W. has been found to be simple. In view of ‑the cross case, it yet remains to be seen as to which party was the aggressor. The petitioner, therefore, is entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Muhammad Arif, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees fifteen thousand (Rs.15,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Gujranwala.
S.G.D. Petition accepted.
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