1989 PLP 186 (MLD)

‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss. 302 & 148/149‑‑Bail, grant of‑ Occurrence in Baithak of accused party‑‑Accused per chance present there, causing no injury to deceased and having no motive to attack‑ Simple injury to witness attributed to accused‑‑Four persons from accused side including accused receiving injuries ‑during occurrence‑‑Accused sharing common object with principal accused requiring further inquiry‑‑Bail allowed in circumstances. Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioner. Malik Liaqat Ali for the State. Khushi Muhammad, petitioner, stands arrested under sections 302, 148 read with 149, P.P.C. In a case registered on 13‑5‑1988 at police station Saddar Kabirwala.

2. According to the prosecution, Mst. Razia, niece of Chanan deceased and Mst. Khalida, daughter of Sheikh Muhammad, quarrelled with each other over throwing of filth in the street. However, they were separated. At about noon time Abdul Shakoor (complainant), cousin of Mst. Pazia, accompanied by Chanan Din (deceased), his father and Muhammad Ramzan (deceased) his cousin, alongwith Raham Din, Faiz Muhammad and Irshad Ali P.Ws. went to the house of Abdul Rahman to complain against the conduct of Mst. Khalida above-mentioned. At that time, Abdul Rahman was present in his Baithak in the company of Khushi Muhammad (petitioner), Zafar lqbal, Allah Ditta and Ghulam Mustafa, accused in the case. Seeing the complainant party, Abdul Rahman having abused there opened lire on them and the shots hit Chanan Din and Muhammad Ramzan in the chest as a result of which they fell dead. Khushi Muhammad (petitioner) gave stick blows to Raham Din PW which were found to be caused with blunt weapon and simple in nature. The petitioner with his co‑accused was challaned to Court. However, Zafar lqbal, Allah Ditta and Ghulam Mustafa who were said to be empty‑handed were allowed bail by the lower Court but the same relief has been declined to the petitioner, hence this application.

3. The occurrence admittedly had taken place in the Baithak of the accused party where the petitioner was present per chance. The petitioner did not cause any injury to the deceased persons. He had no motive to attack them either. Only simple injury on the person of Raham Din PW is attributed to him. The record shows that Mst. Khalida, Mst. Hanifan and Sheikh Muhammad from the accused side were also found injured. Khushi Muhammad petitioner too had received some injuries. In the circumstances, the question whether or not the petitioner, had common object with principal accused Abdul Rahman to kill the two deceased needs further inquiry. In the circumstances, I would allow this petition. The petitioner is directed to be released on bail subject to his furnishing bail bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Kabirwala. S.A./K‑136/L Bail allowed.