1998 PLP 1576 (MLD)

Rai Sultan Mehmood Khan for the Complainant (in Criminal Miscellaneous No.496-B of 1998). Arshad Hussain Mirza for Petitioner (in Criminal Miscellaneous No.371-B of 1998). Tahir Shabbir Chaudhary for the Complainant (in Criminal Miscellaneous No.371-B of 1998). S.M. Rashid for the State (in both the Cases). Ali Sher petitioner is seeking post arrest bail in case F.I.R. No.290 of 1997 registered at Police Station Noor Shah on 11-6-1997 at 8-20 a.m. for an occurrence which took place on the same day at 6-30 a.m.

2. The complainant Ahmed lodged the F.I.R. and in this Yaseen of the complainant, Hameed Asghar son of the complainant, Shahadat brother-in-law of the complainant lost their lives while Jannat Bibi his sister and Sharaf nephew were injured in course of occurrence. On the other hand, Ali Sher petitioner received five injuries with blunt and sharp-edged weapon on his person while Muhammad Ali and Nawaz died at the spot. Yousaf accused was challaned alongwith the petitioner and he has been allowed bail since 4-10-1997. 3, On the other hand, Zakir petitioner has approached this Court through criminal Miscellaneous No.371-B of 1998, praying for post arrest bail in case F.I.R. No.291 of 1997 registered on 11-6-1997 at 11-30 a.m. for an occurrence which took place on the same day at 6-30 a.m. and the F.I.R. was recorded on the statement of Muhammad Yousaf stating therein as to how death of Muhammad Ali and Muhammad Nawaz occurred and regarding injuries to Ali Sher. Total nine accused were named in this F.I.R. out of which Mazhar and Bashir have been allowed bail vide order dated 12-8-1997. Shamoon has been allowed bail vide order dated 4-10-1997. Yaseen, Shahadat and Hameed Asghar were murdered at the spot while Suleman has been discharged by the police, only Zakir petitioner and Sharaf accused are behind the bars in the present case.

4. The occurrence, the place of occurrence, the time of occurrence is not disputed by the parties. F.I.R. No.290 of 1997 and F.I.R. No.291 of 1997 have been investigated together and both versions stand challaned and have been sent up for trial before the learned trial Court. Both the versions being cross -versions, it is yet to be determined who initiated the attack and which party is the aggressor and the same can only be done through assessment of evidence by the trial Court. Ali Sher petitioner is in judicial lock up since 28-6-1997 while Zakir petitioner is also arrested and is behind the bars.

5. Be that as it may, there exist reasonable grounds for further enquiry in the cases against both the petitioners i.e. Ali Sher petitioner in F.I.R. No.290 of 1997 and Zakir petitioner in F.I.R. No.291 of 1997. Ali Sher and Zakir petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) each with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./A-253/L Bail granted.