1995 PLP 1296 (MLD)

(b) That it was a sudden affair and not a premeditated occurrence; (c) That Muhammad Asghar was declared innocent during investigation and there is sufficient material in support of the finding of innocence. Besides, he is aged 60 years; (d) That Muhammad Afsar accused/petitioner suffered sharp-edged injury which is dangerous to life. This shows that there is a cross -version of the occurrence which, in fact, has been concealed by the complainant party; and (e) That Churri was alleged to have been used for causing injuries but there is no such injury on the person of anyone. Learned counsel also contends that in the given circumstances it cannot be said that any fatal injury has been attributed to the petitioners because there are number of injuries on the head of the deceased and it has not been made clear which one injury was caused by either of the petitioner. In support of the bail petition, learned counsel places reliance on 1980 SCMR 784.

3. Learned counsel for the State on the other hand, opposed the bail application vehemently and seeks its dismissal on the following grounds:

(a) That contents of the F.I.R. do show clearly that fatal injuries (on the head of the deceased) have been attributed to the petitioners; (b) That motive is attributed to both the petitioners because they are real brothers inter se and the marriage of Muhammad Asghar's daughter is a bone of contention for the commission of crime; (c) That it is a day-time occurrence witnessed by the injured complainant besides two others, who voluntarily supported the prosecution version. As such, all the accused have been found guilty during investigation, Regarding the finding of innocence about Muhammad Asghar Khan, learned counsel maintains that his name finds mention in column No.3 of the challan. At some stage, I. O. stated about his innocence but Final finding with approval of SDPO was not given in the matter; and (d) That as far as the injuries on the person of Muhammad Afsar petitioner is concerned, the complainant very clearly stated in the F.I.R. that during the occurrence Muhammad Afsar accused also received injuries.

4. I have heard the learned counsel for the parties and perused the record. From the contents of the F.I.R., it is evident that both the petitioners have attributed active role in the commission of crime. They were armed with deadly weapons which they used effectively by causing fatal blows on the person of the deceased. Motive is attributed to the petitioners and for that matter it can be said that they are the principal accused. It is a day time occurrence witnessed by the complainant, who is an injured witness, and his presence cannot be doubted. Besides her, two others also witnessed the crime and supported the prosecution stand. Regarding injury on the person of Muhammad Afsar, it has been mentioned in the F.I.R. that he suffered injury during the occurrence. F.I.R. is not a document of details. It is sufficient on the part of the complainant when she disclosed that Muhammad Afsar received injury during occurrence. I have perused the record pertaining to investigation. At one stage, I. O. stated that Muhammad Asghar Khan was not present but this finding was not approved by the SDPO of the area. As such, while preparing the challan, the name of this petitioner has been written in column No.3 showing him as a regular accused. At this stage, it cannot be said that it was a sudden affair. Regarding conflict between the ocular and medical evidence it will be suffice to say that as far as the petitioners are concerned head injuries have been attributed to both the petitioners. Regarding other details, the matter can be thrashed out only during trial when the prosecution will produce evidence and the defence will avail the opportunity of cross examination.

5. Tentatively, at this stage, there is no hesitation to say that reasonable grounds do exist to believe that both the petitioners have committed the 8 alleged crime. As such, they are not entitled to bail. Bail petition is therefore, rejected. N.H.Q./M-2043/L Bail refused.