1989 P Cr (PLP)

(b) Criminal Procedure Code (V of 1898)‑ ‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Accud not ascribed and specific injury caused to deceased‑‑Police found such accused innocent and opinion of police based on sound material‑‑Accused admitted to bail. 1984 S C M R 429 ref. Ch. Inayat Ullah Cheema for Petitioners. Muhammad Ashaque Bokhari for the State. Shah Ahmad Baloch for the Complainant. In brief the facts of this ease are that on 16‑5‑1988 at about 8 a.m Ikramul Haq complainant alongwith his brother Anwarul Haq deceased and uncle Mairaj Din was proceeding to Kasur. When they reached near Railway Station Bela; Hathar, all of a sudden Inayat armed with gun, Akram armed with pistol and stick, lqbal alias Barr armed with pistol and stick, Jamil armed with pistol and stick, Niaz armed with Takwa and Siddique armed with Dang came there shouting Lalkara and launched an attack on them. Ikramul Haq complainant and Mairaj Din ran away but the accused caught hold of Anwaarul Haq deceased and inflicted injuries on his person. He was placed on a donkey cart and taken to the house of Iqbal alias Barr accused. He was confined in a room. Ikramul Haq and Mairaj Din tried to help Anwaarul Haq but the accused chased them. In the meanwhile Saleem, Muhammad Rafique and Ahmad Din accused armed with sticks also came there. Din Muhammad P.W. who was present near the Dera of Sher Muhammad was attacked by them and given injuries. The accused then left the spot firing in the air. The occurrence was witnessed by Muhammad Hussain and Mukhtar Ahmad as well. The dispute between the parties was stated to be the lease of land measuring 4 Acres.

2. The accused were arrested. This is a petition for bail on behalf of Muhammad Siddique and Muhammad Rafique accused. I have heard the learned counsel appearing on behalf of the parties and have perused the record. It will be appreciated that although some of the accused were armed with fire arms but Anwaarul Haq deceased did not receive any fire‑arm injury on his person. Muhammad Siddique petitioner was found innocent during investigation and placed in column No.2. A perusal of the F.I.R. would show that he has not been ascribed any specific injury to Anwaarul Haq deceased. On perusal of the record, I find that the opinion of police, in finding him innocent is based on sound material and can be relied upon, as held in 1984 S C M R 429, for his bail. So far as Rafique accused is concerned he was not present at the spot when Anwaarul Haq deceased was beaten by other accused and placed on a donkey‑cart. He is stated to have given stick blows to Din Muhammad P.W. only in second part of the occurrence. The question whether he acted in prosecution of the common object of his co‑accused requires further enquiry. In view of these circumstances I admit Muhammad Siddique and Muhammad Rafique accused‑petitioners to bail on their furnishing of bail bonds in the sum of Rs.30,000 (thirty thousand) with one surety each in the like amount to the satisfaction of A.C.Duty Magistrate Kasur. M.Y.H./ M‑1139/L Bail granted.