Find a Lawyer

Criminal Miscellaneous No. 2805/B of 1986, decided on 11th November, 1986.

---S. 497(5)--Penal Code (XLV of 1860), Ss. 307, 342, 353/149 & 148--Bail; cancellation of--Out of 5 injuries on person of witness 3 injuries declared grievous--Injuries specifically attributed to two accused- Ineffective firing and simple injuries attributed to remaining accused- Occurrence taking place all of a sudden--Accused attributed grievous injuries, held, was not entitled to concession of pre-arrest bail--Bail cancelled--No ground for cancelling bail of remaining accused was made out.

Muhammad Iqbal for Petitioners.

Muhammad Saleem Shad for the State.

S.M. Masud for Respondents.

Mubarik Ali, Abdur Razzaq, Muhammad Sharif, Umar Hayat, Abdul Aziz, Feroze Din and Abdul Khaliq respondents are involved in a case under sections 148, 307, 353 and 342/149, P.P.C. Feroze Din, respondent No. 6, was admitted to bail by the learned Magistrate; Abdul Aziz and Abdul Khaliq, respondents Nos. 5 and 7, were granted bail after arrest by the learned Additional Sessions Judge, Faisalabad, while respondents Nos. 1 to 4 were allowed pre-arrest bail by the same Court vide order dated 5th August, 1986. Rana Muhammad Saleem and Abid Hussain petitioners have moved this petition for the cancellation of their bail.

2. The brief facts of the prosecution case are that on 7th June. 1986 at about 10-30 p.m. Rana Muhammad Saleem Sub-Inspector, Incharge Police Post Jaranwala, Abid Hussain and Liaqat Ali constables went to the house of Mubarik Ali alias Makha, respondent No.l, to effect his arrest in case F.I.R. No. 202, dated 7-6-1986 under Article 18 of Ordinance VII of 1979 and section 506, P.P.C. Abdul Aziz and Feroze Din respondents were sitting on the Tharra of the Baithak of the house.

The S.I. told them that a case had been registered against Mubarik Ali alias Makha and asked them to produce him, upon which Feroze Din got up and told the Sub-Inspector that aforesaid Makha will not be produced. The S.I. insisted for his production, upon which Feroze Din got enraged and raised a Lalkara that the policemen should not be spared. Mubarik Ali alias Makha, Sharif, Umar Hayat armed with Khanjars, Abdur Razzaq and Abdul Khaliq armed with carbines and Abdul Aziz with a hatchet came out from the house of Muhammad Sharif raising Lalkaras. Sharif gave a Khanjar blow to the Sub-Inspector on the abdomen. Mubarik alias Makha gave him a Khanjar blow on the right thigh and Umar Hayat gave him a Khanjar blow on the right wrist as a result of which he fell down. Then Mubarik alias Makha gave him another Khanjar blow which also landed on the right thigh. Umar Hayat repeated the blow which landed on his left arm. Abid Hussain constable tried to rescue the Sub-Inspector, upon which Abdul Aziz gave him a hatchet blow on the left arm. Umar Rayat gave him a Khanjar blow on the back of left flank, Sharif gave him a Khanjar blow on the left wrist and Makha gave him a Khanjar blow on the left shoulder. Abdul Khaliq and Abdur Razzaq continued firing in the air.

3. Learned counsel for the petitioners contends that offence under section 307, P.P.C. falls within the prohibitory clause of section 497, Cr.P.C., therefore, it was not a fit case for the grant of extraordinary concession of pre-arrest bail. It is further submitted that the grant of bail has hampered the recovery of weapons of offence. The learned State counsel also supports this petition.

Learned counsel for the respondents, on the other hand, submits that except Abdul Aziz no other respondent was present at the spot and the fact of the matter is that the police party, in plain clothes, had raided the house of the petitioners and started molesting the women-folk, upon which Abdul Aziz raised alarm attracting a large number of villagers who caused injuries to the trespassers. It is further submitted that a judicial inquiry is in progress to find out the true facts. Learned counsel has also filed the affidavit of Ashiq Ali P.W. who is named as an eye-witness in the F.I.R. The affidavit is to the effect that on the night of occurrence he was on patrol duty from 8 p.m. to 2 a.m. within the Municipal limits of Jaranwala.

4. I have given my careful consideration to the submissions made by the learned counsel for the parties. The medico-legal report of Muhammad Saleem Sub-Inspector shows that he had five injuries out of which injury No.2 on the right wrist and injuries Nos. 1 and 5 on right thigh were declared grievous. These injuries are specifically attributed to Mubarik Ali alias Makha and Umar Hayat respondents. They were therefore, not entitled to the extraordinary concession of pre-arrest bail. Accordingly, the bail allowed to them by the learned Additional Sessions Judge is cancelled. They shall be taken into custody forthwith. Ineffective firing/simple injuries to Sub-Inspector and Abid Hussain constable have been attributed to the remaining respondents. Perusal of the record indicates that the occurrence took place all of a sudden. No ground for the cancellation of their bail is made out and the petition in so far as it relates to them is dismissed.

S.A. Petition partly accepted.

Find a Lawyer Near You

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