1989 PLP 4151 (MLD)

‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 307/34‑‑Bail, grant of‑‑Accused actively participated in crime‑‑Accused ascribed injuries to deceased and witness‑‑Dying declaration of both deceased recorded and similar role ascribed to accused in dying declarations as in F.I.R.‑‑Bail refused in circumstances. Rana Ijaz Ahmed Khan for Petitioners. Rana Ahmed Saeed for the State. Hidayat Ullah for the Complainant. The petitioners, Rabat Javid and Muhammad Shari alongwith four others namely, Mustaq, Khalid Javid, Bilal and Muhammad Ishaq are accused of murder of Amar Yasin and Muhammad Ali and of murderous assault upon Razaur Rehman P.W. The incident occurred on 17‑8‑1988 at 8.30 p.m. The petitioners Rahat Javid and the accused Khalid Javid are brothers; they are sons of Muhammad Ishaq accused. The prosecution case is that Mst. Farzana a sister of Mushtaq accused and niece of Bilal accused had gone to Rahim Yar Khan and her father Zahoor Ahmad had a case registered against Razaur Rehman and others. On the day of occurrence, at 8.30 p.m. Muhammad Ramzan complainant, accompanied by Amar Yasin and Muhammad Ali, deceased persons, Razaur Rehman injured P.W, and Shahzad was returning to his house from the fields when in the chowk, the accused persons Mushtaq and Bilal armed with daggers, Khalid Javid armed with a revolver, Rahat armed with a chhuri and Muhammad Ishaq armed with a danda attacked them. Muhammad Ishaq and Khalid Javid exhorted his co‑accused to teach them a lesson for the abduction of Mst. Farzana. Mushtaq accused gave a dagger blow on the left (lank of Amar Yasin; Bilal accused gave a chhuri blow on the right shoulder of Amar Yasin; Rahat a chhuri blow on the left also gave shoulder of Amar Yasin. Muhammad Shafi struck a chhuri blow to Razaur Rehman P.W. in his thigh; Rahat Javid also hit Razaur Rehman P.W. with his chhuri. Muhammad Ali ran for his life and Bilal chased shim and struck him a dagger blow. Khalid Javid kept on firing shots.

2. Muhammad Ishaq was allowed bail by the learned Additional Sessions Judge. The complainant's application seeking cancellation of his bail was rejected by my order dated 14‑2‑1989. He had not used his danda in causing injury to anybody. It was also observed that Muhammad Ishaq was not related to Mst. Farzana and the FIR was silent why Muhammad Ishaq and his sons should have joined with Mushtaq, Bilal and others in causing the death of two persons and injuries to Razaur Rehman P.W. As regards the petitioners, both had actively participated in the crime; Rahat had caused an injury to the deceased Amar Yasin and Muhammad Shafi, petitioner had caused injuries to Razaur Rehman PW. It is stated that dying declarations of Amar Yasin and Muhammad Ali were recorded; that of Amar Yasin by the doctor and that of Muhammad Ali by a Magistrate. In both those statements, the petitioners were ascribed the roles mentioned in the FIR. I am, therefore', of the view that the petitioners are not entitled to bail. Rejected. S.A./R‑158/L Bail refused.