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Criminal Miscellaneous No.1744-B of 198'7, decided on 10th June, 1987.
---S.497--Penal Code (XLV of 1860), Ss.354, 363, 427, 452, 148 & 149--Bail, grant of--Co-accused, who were allegedly armed with Sotas granted but accused were declined bail on ground that they were armed with deadly weapons--No allegation made against accused that these weapons were ever used--Even ineffective firing no, alleged--Accused admitted to bail in circumstances.
Malik Nazar Farid Khokhar for Petitioners.
Miss Agnus Tabassum for the State.
Date of hearing: 10th June, 1987.
Ibrahim and Akhtar petitioners have moved this petition to bail in a case registered against them and others under section 148,354,363,427 & 452/149 PPC.
2. The FIR version is that on-22-2-1987 at 4.30 pm. Allah Ditta complainant, his sister Mst. Manzooran and brother Muhammad Yousaf were present in their house when Ibrahim petitioner, armed with revolver, Akhtar petitioner, armed with a hatchet, co-accused Norcha armed with a gun, and co-accused Usman Khan, Rashid Khan, Gafoor Siddique and Shakoor armed with Sotas, came there. Co-accused North raised a Lalkara that the girls of the complainant party be taker; away, upon which the accused armed with Sotas started causing injuries to Muhammad Yousaf. In the meantime Mst. Manzooran got off to the adjacent house of Muhammad Hanif by scaling over the wall. The accused persons also entered the said house and overpowered her. She raised alarm, but they took her away by force Muhammad Nazir, Shahbaz and others intervened and rescued her.
It is alleged that the accused had suspicion that Muhammad Yousaf, brother of Mst.Manzooran, had molested Mst. Shimana, daughter of their relative Muhammad Shafi.
3. The petitioners and the co-accused moved an application for pre-arrest bail which was rejected by the learned Additional Sessions Judge, Okara, on 21-3-1987. Then they moved an application for post-arrest bail, which was allowed by Magistrate First Class, Dipalpur, on 22-3-1987. The complainant then moved an application for cancellation of bail, which was allowed by the learned Additional Sessions Judge, Okara, on 21-4-1987 and their bail was cancelled, with the- observation that they may again approach the trial Court after a "suitable interval". The petitioners and the co-accused again moved an application in the Court of Magistrate, who allowed bail to the co-accused but declined that concession to the petitioners, vide order dated 30-4-1987. The petitioners then approached the Sessions Court for bail but their application was dismissed by the learned Additional Sessions Judge on 23-5-1987.
4. I have heard the learned counsel for the parties. The accused armed with Sotas, who allegedly caused injuries to Muhammad Yousaf and Mst. Manzooran, are on bail. The petitioners were declined bail on the ground that they were armed with deadly weapons, i.e. revolver and hatchet. There is no allegation that these weapons were ever used. Even ineffective firing has not been alleged. In the circumstances, I admit them to bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of A . C. Depalpur.
M.Y.H./I-33/L Bail granted.
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