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Criminal Bail Application No. 270 of 1987, decided on 10th March, 1987.

---S. 497--Penal Code (XLV of 1860),. Ss. 302, 307, 148 & 149--Bail- Complainant as well as deceased received no fire-arm injury during alleged attack by accused party--Complainant was not referred for medical examination and no medical certificate available in police papers -Parties filing counter-cases and trying to suppress role played by themselves--Three of accused received injuries which were not explained by prosecution--Allegations of mala fides on part of complainant arid police supported by affidavit of accused--Participation of accused belied by medical report--Bail already granted was confirmed in circumstances.

Nooruddin Sarki for Applicant.

A.A. Mohammad Ali, A.A.- G. for the State.

The applicant is involved in a case under sections 147, 148, 149, 307, 302, P.P.C. in Crime No. 104 of 1987 P.S. Orangi, Karachi East. The applicant had moved an application for bail before arrest before the learned Sessions Judge, Karachi East, but the same was rejected on 7-3 1987. The allegations against the applicant are that on 20-2-1987 the applicant alongwith co-accused Ghulam Nabi, Imam Bux, Abdul Aziz Mohammad Akram Mumtaz, Shamsuddin and Mushtaq, and four others duly armed with Lathis, spades, hatchets, revolvers, pistol, Chhuris and knives came at the Vardat and started beating one Nazir Hasan Bhatti who sustained injuries on his head and fell down. The applicant is alleged to have been armed with pistol. That when complainant, P.Ws. Arif land Nasarullah intervened the complainant also received pistol shots and Lathi blows, and that the accused fled away from the Vardat. The injured were removed to hospital where Nazir Hussain died on 23-2-1987, at 2-45 p.m. The applicant moved an application for bail before arrest but the same was dismissed and, therefore, he has filed the present application.

The contention of the learned counsel appearing for the applicant is that the deceased Nazir Hussain has not sustained any fire-arm injury, and the complainant has dishonestly suppressed the fact of injuries received by co-accused Ghulam Nabi, Imam Bux, and Akram at the hands of deceased Nazir Hussain and his party. That there are counter-cases between the parties and the incident has taken place near the house of the injured accused which clearly shows that they were the victims of aggression. Police is under influence of the complainant party and if the applicant is not granted bail before arrest, he will be maltreated, tortured and humiliated. He has further contended that complainant Mohammad Hussain did not receive any injury in the incident and he was never referred to the hospital for treatment.

Mr. A.A. Muhammad Ali, Additional Advocate-General appearing for the State has very candidly conceded to the grant of bail to the applicant in view of the above circumstances of the case.

Admittedly the complainant as well as deceased Nazir Hussain did not receive any fire-arm injury. Even the complainant was not referred for medical examination and no medical certificate is available in the police paper. That there are counter-cases and it is a well-known fact that m such a situation every party tries to suppress role played by it. Three of the co-accused have received injuries which have not been explained by the prosecution. The allegations of mala fides on the part of the complainant and police is supported by the affidavit by the applicant. Under these circumstances, I feel it is a case where the applicant entitled to bail specially because the participation of the applicant is belied by the medical report.

I, therefore, confirm the bail of the applicant granted on 10- 3-'1987.

M.Y.H./S-46/K Bail confirmed.

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