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Criminal Miscellaneous No. 882‑B of 1986, decided on 19th April, 1986.
‑‑‑--S. 497‑‑Penal Code (XLV of 1860), S.302/307/148/149‑‑Bail, grant of‑‑Accused inflicting one injury each to deceased with Sotas‑‑Injuries attributed to accused were allegedly inflicted on hand and fingers of deceased and were simple in nature‑‑Three persons receiving injuries from accused side during incident‑‑No enmity existing between parties and every thing happened at spur of moment‑‑Case appearing to be of individual liability‑‑Despite commencement of trial bail granted to accused in circumstances.
Ch. Muhammad Farooq for Petitioners.
Mian Najam‑uz‑Zaman, Asstt. A.‑G. for the State.
Date of hearing: 19th April, 1986.
A scuffle took place on 5‑9‑1985 at 5.30 a.m. in the vicinity of Chak No. 361/G. B., in which Muhammad Arshad, Bashir Ahmad and Fazal Muhammad were injured from the side of Muhammad Sharif complainant. The incident resulted in the registration of a criminal case under section 307/148/149, P.P.C. against five persons, namely, Shaukat Ali, Muhammad Saleem, Aslam, Akram and Inayat.
2. After arrest Shaukat Ali and Muhammad Saleem applied for bail. Their application was dismissed by the Sessions Judge by order, dated 17‑11‑1985. Hence this application. Muhammad Arshad died. It became a murder case. According to the prosecution Shaukat Ali and Muhammad Saleem were armed with Sotas. The part attributed to them is that each one of them inflicted one injury each to the deceased. The injury attributed to Shaukat Ali is on the back of left hand while to Saleem on left index finger. These were found to be abrasions. They were simple.
3. Learned counsel appearing on behalf of the petitioners contended that accepting the allegation to be correct (without conceding) the petitioners are entitled to bail because this may at the most be a case of individual liability. Another ground on which great stress was laid A was that three persons, namely, Aslam, Saleem and Mst. Khurshid mother of Shaukat Ali were injured from the accused side. Learned counsel further submitted that the whole thing happened at the spur of moment. There is no past enmity between the parties.
4. The Asstt. A.‑G. opposed bail on the ground that the trial has commenced. Petitioners are not entitled to bail because of the murder charge against them. I find good deal of force in the contentions raised by the learned counsel for the petitioners. Moreover, the part attributed to both the petitioners is not challenged by the Asstt. A.‑G. I, therefore, allow them bail in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of A.C. Toba Tek Singh.
H.A.K. Bail granted.
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