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Criminal Miscellaneous No. 212/B of 1987, decided on 2nd March, 1987.
‑‑S. 497(5)‑‑Penal Code (XLV of 1860), Ss. 302 & 307/149/148‑‑Bail, cancellation of‑‑Accused not causing any injury to deceased and responsible only for causing simple injuries to witnesses‑‑Case found to be of further inquiry‑‑Order of Sessions Judge proceeding o grounds, therefore, did not call for interference in circumstances.
Ch. Muhammad Yusuf for Petitioner.
Ch. Ghulam Sarwar for Respondents.
Faizur Rahman for the State.
This is an application for the cancellation of bail of Munir Ahmad and Muhammad Husain respondents allowed to them by the learned Sessions Judge, Kasur, on 5‑1‑1987.
The prosecution case is that over some money dispute the respondents accompanied by 8 others, attacked the complainant party with fire‑arms, hatchet and sticks resulting in the death of Rashid Ahmad deceased and injuries to Ghulam Muhammad, Fazal Din, Ghulam Rasul, Muhammad Rafrq and Muhammad Anwar P.Ws. on 2‑8‑1986.
2. The cancellation is sought on the ground that the respondents had also acted in pre‑concert with the other co‑accused and had taken active part in the occurrence by causing injuries to Muhammad Anwar and Fazal Din P.Ws. and as such, were not entitled to be released on bail. It is further stated that they are threatening the prosecution witnesses.
3. Learned counsel for the respondents has resisted the application. According to him, the respondents had been falsely roped in and they did not cause any injuries to the deceased and are attributed one simple injury each to Muhammad Anwar and Fazal Din P.Ws. It is also stated that the allegation of tampering with the prosecution evidence is of vague and general nature.
4. I have perused the order of the learned Sessions Judge. He has admitted the respondents to bail on the ground that their case required further inquiry. This order proceeds on sound grounds and does not call for any interference. The fact that the respondents did not cause any injuries to the deceased and confined them to causing simple injuries to the P.Ws., makes out a case for further inquiry. They were, therefore, rightly admitted to bail. Accordingly the petition is dismissed.
S.A./F‑12/L Bail cancellation refused.
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