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Criminal Miscellaneous No. 794-B of 1987, decided on 11th March, 1987.
---S. 497--Bail--Points raised in support of bail application pertaining to deeper appreciation of evidence which could not be undertaken at bail stage--Case under investigation--Accused belonging to other party kept in jail and his co-accused allowed interim bail only to take examination--Case against accused serious in nature and on perusal of facts not showing Ch. Khalid Mahmood Shaheen for Petitioners. Mehr Khan Muhammad for the State. This is an application for bail on behalf of Ehsan Ullah and 4 others who are being prosecuted in a case under section 307/148/149, P. P. C. 2. Briefly stated the facts of this case are that SHO Police Station Narowal on 6-12-1986, at 3.15 P.M. was present near railway crossing on patrol duty. He heard firing from the side of Chowk Zafarwal. He proceeded to that side alongwith police constables and saw Muhammad Akram, Irfan, Ehsan Ullah, Muhammad Siddiq and Sadiq Ali petitioners alongwith Mushtaq Ahmad and Faqir Hussain on one side and Abdus Sattar and Tariq on the other side, firing at each other. Besides Muhammad Akram, Muhammad Siddiq and Ehsan Ullah some passersby namely, Boota, Inayat Masih, Muhammad Sarwar and Mst. Rukhsana were also injured. The case is under investigation. 3. It is contended on behalf of the petitioners firstly, that the prosecution case was improbable; secondly, that residents shopkeepers of locality did not support the prosecution case; and thirdly, that the statements of the four injured passersby were forged by the police and that Abdus Sattar and his co-accused Tariq were aggressors. All these points pertain ' to deeper appreciation of evidence which cannot be undertaken at this stage. The case is under investigation with Superintendent of Police, Sialkot. Abdus Sattar accused of the other party is in jail. His co-accused Tariq has been allowed interim bail to take examination. It is a case of serious nature. On a perusal of the facts it cannot be said that the case of petitioners was that of further inquiry. This petition is accordingly dismissed. M.Y.H/I-31/L Bail refused
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