2002 PLP 1600 (MLD)

This is a petition for bail after arrest on behalf of Mammand son of Khan and Falak Sher son of Wali Muhammad in case F. I. R. No. 146 of 2000 dated 2‑8‑2000 registered under sections 302/148/149, P.P.C. in Police Station Kandiwal, Tehsil Chaniot, District Jhang.

2. According to the F.I.R. which was lodged by Nazir on 2‑8‑2000 at 2‑55 p.m. about an occurrence which took place on the same day at 2‑00 p.m., the complainant was present alongwith his cousin Muhammad Yar at his Dhari and Mst. Shehnaz daughter of Muhammad Yar was going to see her maternal uncle Bashir Ahmad on his Dhari, when she reached near the sugarcane crop of Mumman son of Mutalli, the accused Allah Ditta son of Shera and Momand son of Khan, who were present in the sugarcane crop with bad intention, all of a sudden stood up anti caught hold Mst. Shehnaz, who raised hue and cry, on which complainant alongwith Muhammad Yar ran towards that place, Allah Ditta and Momand left Mst. Shehnaz and started running towards their "Dhari", when complainant party reached near their "Dhari", from there Samand armed with Sota, Riaz armed with Sota, Falak Sher (present petitioner) armed with Sota, Allah Ditta, Mommand (present petitioner) and Choghuta empty‑handed came out from the said "Dhari", raised "Lalkara" that they should be taught a lesson. In the meanwhile, Samand accused gave two Sota blows which hit on the back of Muhammad Yar (deceased), Riaz gave Sota blow which hit Muhammad Yar on the left side of abdomen, Falak Sher (present petitioner) also gave Sota blow which hit Muhammad Yar on the left side of abdomen, then again Riaz gave Sota blow which hit Muhammad Yar on the back side, Muhammad Yar fell down, thereafter, Allah Ditta and Mommand (present petitioner) gave kicks blow on his front Urinary Bladder, who became unconscious. On hearing the noise, Ameer and Mansha also reached there and soon thereafter, Samand gave a Sota blow to Ameer which hit him on the right elbow while Riaz gave Sota blow on the right palm of Ameer, Falak Sher also gave a Sota blow to Mansha on his head, thereafter, all the accused persons while raising "Lalkara" left the spot.

3. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case, that no motive is attributed to the present petitioners, that there is no injury on the bladder of the deceased, that in fact it was the complainant party, who is the aggressor, that it was a case of sudden flare up and free fight, that petitioners are behind the bars for the last one year, that story given in the F.I.R. is not probable one, that case of the petitioners is of further inquiry falling under subsection (2) of section 497, Cr.P.C.

4. On the other hand, learned counsel for the State submits that petitioners are named in the F.I.R., specific roles are attributed to them and the offence falls within the prohibitory clause of section 497 (1), Cr.P.C.

5. I have heard learned counsel for the parties. This is a promptly lodged F.I.R., occurrence had taken place at 2‑00 p.m. on 2‑8‑2000, F.I.R., was lodged at 2‑55 p.m. on the same day when the Police Station was at a distance of 3 K. Ms. In the instant case, Mommand present, petitioner alongwith Allah Ditta accused caught hold Mst. Shahnaz daughter of Muhammad Yar deceased, on her hue and cry they left Mst. Shahnaz, thereafter, Falak Sher present petitioner gave Sota blow which hit Muhammad Yar on the left side of abdomen then Mommand alongwith Allah Ditta also gave kicked blow on the front side of Urinary Bladder of the deceased then Falak Sher also gave a Sota blow to Mansha, who had come there to save the deceased, specific roles are attributed to the present petitioners, statutory period has not lapsed, there are injuries on the lower part of abdomen of the deceased. In the instant case, not only Muhammad Yar met his death but there are two injured P.Ws., Mst. Shahnaz daughter of the deceased and complainant are still supporting the prosecution case, offence falls within the prohibitory clause of section 497(1), Cr.P.C. No ground for bail is made out. Dismissed. H.B.T./M‑1220/L??????? Application dismissed.