1977 P Cr (PLP)

The petitioners are involved in a case under section 307/365/148/149, P. P. C. registered against them at Police Station "A", Sahiwal on 15‑6‑1976 at 3‑05 p.m. According to the allegation in the F. I. R., the dispute has arisen on account of flying of pigeons. Saghir Ahmad tried to catch pigeon to which the petitioner No. 1 took objection. After exchange of abuses, the petitioner No. 1 is alleged to have fired with a pistol at Saghir Ahmad but .the latter ducked in. Saghir Ahmad and his father were approached by the petitioner No. 1 and others not to take offence and lodged a report. However, they did not agree. The persons who had gone for the asking when came back at 2‑30 p.m. the complainant and others set off to lodge the report. The petitioner No. 1 .was. Armed with pistol, petitioner NO 2 with sota, an other accused with knife and two others empty‑handed met on way, Saghir. Ahmad and Munir Ahmad sons of the complainant and forcibly abducted the. former, The petitioner No. 1 raised a lalkara with pistol in his hand for bidding anybody to approach, The petitioners were arrested the same day. The three co‑accused of the petitioners have been allowed bail by the learned Sessions Judge vides order-dated 24‑6‑76 but the two petitioners were declined bail. They have filed the present application for bail.

2. Learned counsel for the petitioners has contended that the two petitioners and their three-co‑accused persons have suffered as many as 33 injuries whereas the complainant party leas got 10 injuries. Injuries on both sides are simple. The complainant party was aggressor. It is, next, contend ed that the petitioner No. 1 is a chronic patient since the year 1970. He was treated by Dr. Alamgir, Mayo Hospital Lahore and was prescribed, ante tuberculosis medicines. He has not yet fully recovered. From the Jail Hospital a report about his health was called for by the learned Sessions Judge and it was stated that the petitioner was a case of Chronic Bronchitis is with Pyrexia holding long‑standing history of cough with expectoration and rise of constitutional symptom s. He is still having the treatment. He has got weak constitution due to chronic ailment. It is, further submitted that the petitioner No. 2 himself has received four injuries which have not been explained.

3. Learned counsel appearing for the State has opposed the bail applica tion and has contended that the petitioner No. 1 intended to cause death when the latter fired with his pistol and that the accused (lid not let the com plainant party to go to lodge the report.

4. In view of the facts that petitioners and three co‑accused have suffer ed as many as 33 injuries as reported by the Doctor who had examined them on Police's behest and these have not been explained by the prosecution, coupled with the fact that petitioner No. 1 is reported to be a Chronic patient and petitioner No. 2 had himself suffered injuries, in all the circums tances of the case, it appears that the matter requires further enquiry as tog which of the party was the aggressor and what would be the liability of the accused persons. In this view of the matter, the case requires further enquiry, falling under section 497(2), Cr. P. C. The petitioners are, therefore, allowed bail in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Sahiwal. Bail allowed.