1989 PLP 690 (PCRLJ)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302/34‑‑Bail, grant of‑‑One of accused stated to be 65 or 75 years old, allegedly gave only a stick blow causing simple injury to only prosecution witness and not to deceased‑‑Other accused allegedly fired at one of witnesses resulting simple injury on his left thigh‑‑Both accused admitted to bail. Rab Nawaz Niazi for Petitioners Syed Ali Raza for the State. The occurrence in this case took place on 8‑3‑1987 at 4‑30 p.m. At that time Dosa complainant and others were preparing the land for paddy sowing. Allah Ditta accused armed with gun, Muhammad and Bashir son of Akbar armed with Balams, Peera (petitioner) armed with grin, Sultan armed with stick, Saddique Ahmad, Akbar and Nazir armed with Balams. Sharif armed with hatchet and Dost Muhammad armed with stick came there. Allah Ditta fired hitting the abdomen of Shahmand. Thereafter Muhammad gave Balam blow to Shahmand who fell down. Bashir accused gave Balam blow to Muhammad on his chest. He also fell down, and died at the spot, Siddique gave Baiam blow to Walayat P.W, and Sharif gave hatchet blow to Bashir P.W. Thereafter, Ahmad gave Balam blow to Lal P,W. and Peera accused fired at Bashir of Dost Muhammad which landed at his left thigh. Akbar accused gave Balam blow to Manak P.W. Then Sultan accused gave stick blow to Bashir son of Ahmad Ali and Dost Muhammad gave Lathi blow to Bashir. The alarm attracted Ahmad and Shah Muhammad P.Ws. The accused left the spot with their respective weapons. The motive was stated to be land dispute between the parties. Sharif and Nazar accused are on bail. This is a petition for bail on behalf of Peera son of Sultan and Sultan son of Mahi. I have heard learned counsel and perused the record. Sultan son of Mahi petitioner is stated to be aged 65 years but according to the National Identity Card he is aged 75 years. Peera accused according to F.I.R. fired at Bashir son of Dost Muhammad P.W. which resulted in simple injury on his left thigh. He did A not cause any injury to the deceased persons or other witnesses. Sultan accused gave only one stick blow to Bashir son of Ahmad Ali P.W. This was also a simple injury. He did not cause any injury to any of the deceased or the witnesses. In view of these circumstances, Peera and Sultan accused are admitted to bail on their furnishing of bail bond in the sum of Rs.30,000 each with one surety in like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala. H.B.T./P‑56/L Bail granted.