1993 PLP 1169 (MLD)

Arif petitioner who is involved in a case under section 307/324/326/148/149, P.P.C. arising out of F.I.R. No.68 dated 8-4-1983 of Police Station Sangla Hill, seeks to be released on bail.

2. The allegations against the petitioner are that on 8-4-1983 at 7-30 a.m. the complainant, his brother Muhammad Din, his father Sadiq and others were evacuating the rain water which got collected in front of their door by letting it flow through the drain passing along side of the house of Abdul Majeed when Muhammad Rafiq Patwari, a brother of the said Abdul Majeed, Khalid Hussain, Akbar Ali sons of Muhammad Rafiq, Abdul Rashid, Mehmood, Murad and Muhammad Arif petitioner emerged from the Baithak of Muhammad Rafiq. They were armed with Dangs, hatchet and Chhuri. They caused injuries with their respective weapons to Muhammad Sadiq, Muhammad Din and others. The precise role attributed to the petitioner is that he was armed with Chhuri. He caused injuries to Muhammad Din with Chhuri on his right temple, right arm and right hand.

3. The injury caused by the sharp-edged weapon on the right temple of Muhammad Din has been declared to be grievous as a result of medico-legal examination:

4. It is contended on behalf of the petitioner that in fact this is a case of free fight between the parties in consequence of which cross F.I.Rs. have been registered and it is too early to say as to which party was the aggressor and which was the aggrieved one. It has also been argued that as a result of re -examination of Muhammad Din, the M.S. opined that injury on right temple could be self-suffered. While opposing the petitioner's plea for bail the learned State counsel has urged that in view of his previous conduct the petitioner was not entitled to the concession of bail. It has been stated that when the learned Additional Sessions Judge, Sheikhupura refused to allow him pre-arrest bail, he forcibly came upon the Court dais and managed to run away through the back door of the retiring room. This fact has been mentioned by the learned Additional Sessions Judge in his order dated 13-6-1983. Copies of the two F.I.Rs. have been produced which are indicative of the fact that previously also a case of murderous assault was registered against the petitioner and others on the statement of Gul Zaman son of Muhammad Ishaq on 10-4-1980. Similarly he was also involved in a case under section 325, P.P.C. in the year 1974.

5. In view of the conduct of the petitioner as indicated above he does not deserve the concession of bail in offences which fall within prohibitory clause. In this view of the matter his plea for bail is declined. N.H.Q./A-370/L Bail Refused.