Find a Lawyer

Criminal Miscellaneous No. 2053/B of 1987, decided on 8th July, 1987.

---S.497--Penal Code (XLV of 1860), Ss.148, 302 & 307/149--Bail, grant of--Ineffective firing attributed to accused--Nobody hit by their firing--No weapon recovered from three of accused--Licensed weapons recovered from other two--No empty found from spot--Weapons recovered not used in offence--Parties inimical towards each other- Accused in jail for last 7 months--Reasonable grounds to believe accused guilty of committing offence charged with did not exist though room for further inquiry was there--Bail granted in circumstances.

Muhammad Aqil Mirza for Petitioners.

Zafar Yasin for the State.

Gulzar, Aslam, Ansar, Shafqat and Akbar, petitioners herein, have applied for the grant of bail in a case registered against them and 6 others under sections 148, 302, 307 read with 149, P.P.C. vide F. I. R. No. 5, dated 12-1-1987, at police station Malakwal, district Gujrat, wherein Khizar Hayat has been killed and Umar Hayat received two gunshot injuries.

2. According to the F.I.R. the complainant, Bad Khan Lambardar, has old enmity with the accused party because 13 years ago Lala, co-accused of the petitioners, was challaned for the murder of Manzoor and the complainant had appeared as P.W. against him as a result of which Lala was convicted but was later acquitted on appeal. It was further alleged that two years before the occurrence Gulzar petitioner etc. partymen of Lala's were fired at by Bati Khan complainant and his companions and the petitioners had lodged a case under section 307, P.P. C. against the complainant party. In order to take revenge the petitioners armed with guns, Lal, Hidayat and Rozi armed with rifles, Abbas, Nawaz and Sajjan with guns ambushed and fired at Bati Khan complainant and his brother Khizar Hayat and Umar Hayat P.W. who were returning after inquiring about the health of a lady of their family. The shot fired by Lala with his rifle hit Khizar Hayat and proved fatal. Umar Hayat was allegedly fired at by Abbas and Nawaz with their guns who was hit on left shoulder and right leg. These injuries have been declared as simple. Aforesaid Lala, Abbas and Nawaz who fired effective shots are not petitioners before me. One of the co-accused Sajjan has been declared innocent and placed in column No.2.

3. The petitioners applied for the grant of bail in the Lower Court but did not succeed. They have now approached this Court for the same relief. I have heard learned counsel for the petitioners as well as for the State and also perused the record.

4. Admittedly, the petitioners are attributed ineffective firing. It is contended that they were not present at the time of occurrence and have been implicated by throwing the net wider involving all able-bodied members of the family in order to put them to utmost grief. Contrarily, learned counsel for the State has opposed the petition. The S.I. who is present with record states that no weapon has been recovered from Aslam, Shafqat and Akbar petitioners although a licensed rifle and a gun were recovered from Gulzar and Ansar petitioners respectively. He admitted that no empty was found lying on the spot.

5. The parties are inimical to each other. No body was hit wit firing of the petitioners. They are in jail for the last about 7 months. Weapons recovered from them are not proved to have been used. In' the circumstances there do not exist reasonable grounds to believe, that petitioners are guilty of committing offence under section 302/149, P.P.C. although room for further inquiry as to their guilt is there.) I would, therefore, allow this petition. The petitioners are directed to be released subject to their furnishing bail bonds in the sum of Rs. 50,000 (Rupees Fifty, thousand only) with one surety in the like amount each to the satisfaction of Assistant Commissioner/ Duty Magistrate, Gujrat.

S.A. /G-69/L Bail granted

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.