1986 PLP 1693 (MLD)

(c) Criminal Procedure Code (V of 1898) ‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 148, 302 & 307/149‑‑Bai: grant of‑‑Accused attributed one simple injury each to two witnesses Accused aged 65 years‑‑ Co‑accused attributed simple injury to witness already released on bail‑‑Case of accused, held, identical to co‑accuse and thus allowed bail in circumstances. Muhammad Anwar Waraich for Petitioners. Ch. Muhammad Anwar Bhindar for the Complainant. Nisar Khalil for the State. This is a petition for bail on behalf of Muhammad Manzoor Liaqat Ali, son of Muhammad Manzoor and Muhammad Aslam, son Muhammad Sharif accused who are being prosecuted alongwith 11 other for the alleged murder of Faqir Hussain and for murderous assault c Mukhtar and Jan Muhammad P.Ws. The occurrence toipk place on 6‑1‑191 at 12‑00 noon. The F.I.R. was recorded on the same day at 1‑20 pm at the instance of Ilam Din. It is alleged in the F.I.R. that Ilam D: complainant alongwith Muhammad Ashraf, Mukhtar Ahmad P.Ws. an Faqir Hussain deceased was returning home on a Rehra. When the reached near the Haveli of Nizam Din, suddenly Muhammad Ashiq accuse (absconder) armed with Chhuri came there. He threw a challenge an gave Chhuri blow on the chest of Faqir Hussain who fell down. TI 'remaining 13 accused also reached the spot. Riasat accused gave hatch blow on the head of Faqir Hussain. Muhammad Aslam, son of Sults Mahmood gave Chhuri blow on the thigh of Faqir Hussain. Liaqat, son of Manzoor (petitioner) gave hatchet blow from wrong: side on the leg of Faqir Hussain while Riasat accused inflicted hatchet blow from wrong side on the left leg of the deceased. At this, Mukhtar P.W. tried to intervene. He was given Chhuri blow by Iqbal and another Chhuri blow by Akbar accused on back. Liaqat, son of Aslam accused gave two successive Chhuri blows on the buttocks of Mukhtar P. W. Thereafter, Aslam son of Sharif (petitioner) gave Chhuri blow on the lower part of abdomen of Mukhtar P.W. Manzoor accused (petitioner) gave stick blow on the head of Mukhtar while Sultan Mahmood gave stick blow on the forehead of Mukhtar P.W. The alarm attracted Jan Muhammad P.W. and others. Ashiq accused gave two Chhuri blows on the left leg of Jan Muhammad. Asif gave Chhuri blow on the buttock of Jan Muhammad. Manzoor accused (petitioner) gave stick blow on the right leg of Jan Muhamma,o while Wasif accused gave two Chhuri blows on the buttocks of Jan Mu hammad. Mst. Rabia accused continued exhorting her co‑accused not to spare the complainant party. The motive was stated to be previous litigation and election rivalry between the parties. Besides this, about three days earlier, Faqir Hussain deceased and Mukhtar P. W. had given beating to wasif accused. As stated above, Ashiq accused is still absconding. Safdar accused was allowed bail by the lower Court. Sultan Mahmood, Asif and Mst. Rabia accused were allowed bail by this Court in Criminal Miscellaneous No.837‑B of 1986. An application on behalf of Muhammad Akbar, Muhammad Iqbal and Liaquat, son of Aslam accused was dismissed by this Court being Criminal Miscellaneous .No.1226‑B of 1986.

2. I have gone through the record of this case and have heard the. learned counsel appearing on behalf of the parties at length. Liaquat Ali, son of Manzoor has been attributed specific injury to Faqir Hussain deceased. It was contended on his behalf that the injuries to the deceased and to one of the witnesses attributed to Liaquat petitioner were of simple nature and as such, he was entitled to bail; secondly, that he did not repeat injuries and, therefore, had no intention to murder or to make murderous assault; and finally that he was found innocent by the police. I have considered these contentions. The police report under section 173, Cr. P. C . does not show Liaqat Ali petitioner innocent. He has not been placed in column No.2 of the challan. H has been attributed specific injury to the deceased. He was related t his co‑accused and therefore, prima facie, had motive to join the present The only ground on which this petition on behalf of Aslam son of Sharif accused was pressed was the plea of alibi set up by him during investigation before the police. The plea of alibi cannot consider as a ground of bail in the circumstances of this case at this stage. Muhammad Aslam petitioner was attributed grievous injury on the lower part of abdomen. of Mukhtar P.W. He is, therefore, not entitled to bail in this case. Manzoor accused has been attributed one simple injury on the head of Mukhtar P. W. and another simple injury on the leg of Jan Muhammad P.W. He is aged 65 years. His co‑accused Sultan Mahmood injury on the forehead of Mukhtar P.W. during Mahmood was allowed bail in Criminal Miscellaneous No.837‑B_ of 1986, vide order dated 12‑4‑1986. The case of Manzoor petitioner is identical to that of Sultan Mahmood accused.

3. In view of the above, this petition on behalf of Liaquat Ali, son of Manzoor and Muhammad Aslam, son of Sharif is dismissed. Manzoor petitioner is admitted to bail till decision of this case on his furnishing of bail bond in the sum of Rs.25,000 (Rupees twenty‑five thousand) with two sureties each in the like amount to the satisfaction of A. C. /Duty Magistrate, Gujranwala. S.A. Partly accepted.