Find a Lawyer

Criminal Miscellaneous No. 360-B of 1987, decided on 4th February, 1987.

---S.497--Penal Code (XLV of 1860), S.302/307/148/149--Bail, grant of--Accused not alleged to have caused any injury to any of deceased persons and there was a general allegation that they caused injuries to other persons--All other accused except main accused had already been admitted to bail--Accused also granted bail in, circumstances.

Rafiq Ahmad Bajwa and Shaukat Rafiq Bajwa for Petitioner.

Muhammad Akram Ranjha for the Complainants.

Sh. Jamal Din for the State.

Date of hearing: 8th March, 1987.

Abdul Jabbar and Sultan petitioners have moved this petition for bail in a case registered against them and others under sections 148, 302 and 307 read with section 149, P.P.C.

2. The F.I.R. version is that on 31st August, 1986 at 6-00 a.m. Qamar Din and Muhammad Azam, brothers of Zulfiquar Ali complainant, were going to their house on the tractor which was being driven by Muhammad Nazir. When they reached near the Dera of Jan Muhammad all of a sudden aforesaid Jan Muhammad, Akbar, Akram, Aslam, Mukhtar, Sattar and Anwar Ali armed with .12 bore guns and Abdul Jabbar, Sultan (petitioners), Safdar, Akhtar and Manzur armed with Sotas came out of the Dera. Jan Muhammad raised a Lalkara that Qamar Din, Azam and Nazir should be taught a lesson for passing the tractor from that side and simultaneously fired at them but none was hit. Muhammad Nazir stopped the tractor and all the three started running towards the village. In the meantime, Mukhtar fired at Muhammad Azam hitting his chest, as a result of which he fell down. Then Jan Muhammad fired at Nazir hitting his head and he too fell down. Thereafter, Akbar fired at Qamar Din and he also fell down. Co-accused Manzur gave a sota blow to Nazir when he was lying on the ground after receiving fire-arm injury. Thereafter, all the accused armed with guns started firing hitting the various parts of the bodies of Azam and Nazir. On hearing the alarm Mst. Maryam, Shams-ud-Din and Mst. Tuba reached the spot and tried to rescue the injured, upon which Abdul Jabbar and Sultan petitioners and co-accused Safdar, Akhtar and Manzur injured them with their Sotas. In the meantime, Akbar and Sattar fired at Mst. Maryam causing injuries on her left arm and collar bone. Muhammad Nazir, Azam and Qamar Din succumbed to their injuries at the spot. The motive alleged by the prosecution was that on 30th August, 1986 there was an exchange of hot words between Nazir deceased and Jan Muhammad etc. over the passing of the tractor from near the Dera of Jan Muhammad and he had warned Nazir deceased that he would face dire consequences if he again passed the tractor from there. Learned counsel for the petitioners contends that during the same occurrence Anwar Ali, nephew of Jan Muhammad co-accused, was murdered by the complainant party but this fact has been suppressed in the F.I.R. It is further, committed that during the investigation it was found by the local police and the D.S.P. that the complainant party had first attacked the acci.a4ed party after making full preparation and committed the murder of Anwar Ali and thereafter the accused party caused injuries to the members of the complainant party. Learned counsel further submits that the petitioners are not alleged to have caused any injury to the deceased persons; there is a general allegation that they gave Sota blows to Mst. Maryam, Mst. Tuba and Shams-ud-Din and that all the accused in the cross-case except Zulfiqar have been admitted to bail by the learned Sessions Judge.

3. Learned counsel for the complainant and the State have vehemently opposed the prayer. They submit that the petitioners are named in the F.I.R. and a specific role has been attributed to each of them, therefore, no ground for the grant of bail is made out. I have gone through the relevant material and given my careful consideration to the submissions made by the learned counsel for the parties. In the report, dated 9-11-1986 prepared by S.H.O.P.S. Kot Moman, it has been stated that the complainant party attacked the accused party after making full preparation and committed the murder of Anwar Ali whereafter Mukhtar etc. (accused party) committed the murder of Nazir, Azam and Qamar Din and caused injuries on Shams-ud-Din etc. At this stage it need be mentioned that, members of the complainant party, including ZuIfiqar Ali complainant, have been challaned for the murder of Anwar Ali on the basis of statement by Mukhtar Ahmad. However, the F.I.R. makes on mention that Anwar Ali also suffered injuries during the occurrence. he petitioners are not alleged to have caused any injury to any of the deceased persons. There is a general allegation that they caused injuries to Mst. Maryam, Mst. Tuba and Shams-ud-Din. It is admitted that all the accused in the cross-case except the principal accused Zulfiqar, have already been admitted to bail by the learned Sessions Judge. I am, therefore, inclined to agree with the submissions made by the learned counsel for the petitioners. In the circumstances. I admit them to bail in the sum of Rs. 25,000 each with two sureties each in the like amount toil the satisfaction of Assistant Commissioner, Sargodha.

M.Y.H./A-127/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.