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Criminal Miscellaneous Nos.1489-B, 1560-B; 1856-B and 1866-B of 1987, decided on 17th ,Tune, 1987.

---S.497--Penal Code (XLV of 1860), Ss.302/307/34--Bail, grant of No evidence of murder of deceased available--Parties arriving at a compromise and an affidavit filed in court to that effect Compromise between parties, held, was a valid ground for grant of bail Accused admitted to bail in circumstances.

Ch. Muhammad Anwar Bhindar for Petitioners.

Saleem Ahmad Nasir for the State.

The four Criminal Miscellaneous Nos.1489-B/87 by Muhammad Iqbal and Muhammad Shoaib s/o Muhammad Ishaq, 1560-B/87 by Muhammad Akram, Muhammad Zafar and Muhammad Ashraf, 1856-B/87 by Muhammad Iqbal and Muhammad Shoaib s/o Muhammad Ishaq and 1866-13/87 by Muhammad Akram, Muhammad Zafar and Muhammad Ashraf arise from case FIR No.158/87 under section 302/307/34 P.P.C_ registered at P.S. Model Town, Gujranwala, on 10-3-1987. Since the four applications arise from one and the same FIR, therefore, I propose to dispose of them through single order.

2. There was a firing between Muhammad Iqbal, Muhammad Shoail, s/o Muhammad Ishaq and Muhammad Shosib s/o Abdul Jabbar (hereinafter to be referred as first party) on one side and Muhammad Akram alias Akku, Muhammad Zafar and Muhammad Ashraf (hereinafter to be referred as second party) on the other side near Khawaja Motors opposite the Office of Khalid Flying Coach, Gujranwala on 10-3-1987 at 11.30 a.m. as a result whereof Sarfraz Hussain, passer-by lost his life. Muhammad Iqbal of the first party and Muhammad Akram of the second party also received fire-arm injuries. The Police registered one F.I.R. i.e. 158/87 under section 302/34 P P.C. with regard to the entire incident. After the investigation, the police prepared three challans: one under section 302/34 P.P.C. against the first party and second party as well, the second challan was prepared under section 307/34 P.P.C. against the first party an(: the third challan under section 307/34 P.P.C. was prepared against the second party, hence these four applications for grant of bail t, the petitioners.

3. Learned counsel for the petitioners submitted that there is no evidence of the murder of Sarfraz Hussain; that Syed Akhtar Hussain, father of the deceased has sworn affidavit to the effect that his so was hit by a stray bullet near Dean Plaza, Gujranwala and not it firing near Khawaja Motors opposite the Office of Khalid Flying Coach and that Muhammad Iqbal as well as Muhammad Akram, the two injured accused petitioners have sworn affidavit to the effect that they hav e entered into compromise. Conversely, the learned counsel for the State has opposed this application on the grounds that since Sarfraz Hussain was injured during the firing between first party and th e second party, therefore, the members of both the parties are responsible for his murder and that the alleged offences fall within the Prohibitory clause of Section 497 Cr.P.C.

4. I have considered the submissions made by the learned counsel for the parties with care. So far as the murder of Sarfraz Hussain concerned, I find that there was only one injury on the person of the deceased for which 3 persons on the side of the first party and 3 persons on the side of the second party have been challaned; that it is not known as to which of the party had caused that injury: that Muhammad Zaman, S.I., Noor Muhammad S.I. and Akbar Ali ASI, the eye-witnesses have also not named the accused who had fired shot hitting the deceased and as such, it is not known as who out of the six accused had injured the deceased and that Syed Akhtar Hussain, father of the deceased has sworn affidavit to the effect that the deceased was not injured in firing which took place near Khawaja Motors opposite the Office of Khalid Flying Coach Gujranwala. As for offence under section 307/34 P.P.C., it is again, not known as to who out of the first party had injured Muhammad Akram and who out of the second party had caused injury to Muhammad Iqbal accused/petitioner. Furthermore, Muhammad Iqbal injured accused of first party and Muhammad Akram injured accused of second party .A have sworn affidavits to the effect that the parties have arrived at a compromise. Since there is no evidence of the murder of Sarfraz Hussain and the. parties have also arrived at a compromise, which is a valid ground for grant of bail, therefore, I am of the view that al case for grant of bail to both the parties has been made out.

For what has been said above, the four applications are accepted and Muhammad Iqbal, Muhammad Shoaib s/o Muhammad Ishaq, Muhammad Akram alias Akku, Muhammad Zafar and Muhammad Ashraf petitioners are allowed bail in the sum of Rs.25,000 (Rupees Twenty-Five thousand) with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala.

M. Y. H./M-399/L Bail granted.

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