2002 PLP 1235 (YLR)

‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss. 337‑F(i)/337‑F(iv)/337‑L(2)/34‑‑‑Bail, grant of‑‑‑During investigation, mother of the accused, herself a co‑accused, had admittedly, stated before the police that she was attempted, to be raped by the injured who was brother of the complainant and upon that the accused had given the injured a beating out of `Ghairat'‑‑‑Motive alleged in the F.I.R. was rather vague and it was repellant to common sense that accused would attack the injured merely because the complainant party was helping a rival party in a murder case‑‑ No reference of the particulars of the said murder case had been made in the F.I.R.‑‑ Alleged offence did not fall within the prohibitory clause of S. 497, Cr. P. C.‑‑ Accused was no more required for further investigation‑‑‑Accused was granted bail in circumstances. Altaf Ibrahim Qureshi for Petitioner. Wajid Ali Bhatti for the State. Petitioner seeks bail in a case registered vide F.I.R. No.272 of 2001 dated 6‑9‑2001, under sections 337/F‑I, 337/F‑iv, 337/L2/34, P.P.C. Police Station Fareed Town, Sahiwal, registered on the statement of Ali Sher, wherein it is alleged that on the fateful day complainant and his brother had gone to Chak Azam Sahoo in connection with some bereavement that on the way back they went to the house of Ahmad Yar and when till morning he did not return the complainant went there to find out his whereabouts and saw that Muhammad Irshad petitioner son of Ahmad Yar armed with hatchet, Muhammad Aslam armed with .12 bore Gun, Mst. Kaki armed with `Sotta' were belaboured his brother Khuda Bakhsh. Muhammad Aslant had allegedly held out a Gun at him whereas Muhammad Irshad petitioner and his mother Mst. Kaki were giving him blows with their respective weapons. It is alleged that Muhammad Irshad petitioner gave hatchet blows on the right hand and left leg and Mst. Kaki's Sotta blow landed on the left eye of Khuda Bakhsh. Khuda Bakhsh fell down and when the complainant tried to intervene, he was threatened by Muhammad Aslam that he would be killed. In the meanwhile, the other P.Ws. came to the spot the accused decamped. The motive alleged is that there is a murder case in which accused is helping the opposite party and on that grudge the attack was launched.

2. I have examined the case with the assistance of learned counsel for the State. Learned counsel for the State submits that as per the record the case of the petitioner was that Khuda Bakhsh wanted to commit rape with his mother Mst. Kaki on account of which he was apprehended and they have lodged a false report. According to him Mst. Kaki was declared innocent. He, however, opposes the petition on the ground that petitioner is specifically named in the F.I.R. and a definite role is assigned to him and that there is no reason why petitioner should be falsely implicated.

3. Heard.

4. Admittedly, during investigation Mst. Kaki's statement was recorded in which her stand was that she was attempted to‑be rapped by Khuda Bakhsh and her son Muhammad Irshad petitioner had given him beating on account of `Ghairat'. The motive alleged by the prosecution in the F.I.R. is rather vague and it is repellant to common sense that accused would attack Khuda Bakhsh merely because the complainant party was helping a rival party in a murder case. There is no reference of the particulars of the said murder case in the F.I.R. either. The offence alleged does not fall in the prohibitory clause of section 497, Cr.P.C. Petitioner is in jail for the last more than 4/5 months and is no more required for further investigation. Resultantly, this petition is allowed subject to petitioner's furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Magistrate Section

30. He shall be released on bail. S.M.A.H./M‑1206/L Bail allowed.