1989 P Cr (PLP)

Malik Abdus Sattar Chughtai for Petitioners. Sh. Islam Uddin for the State. Date of hearing: 8th November, 1988. Safdar Hussain Shah, Arif Hussain Shah, Akbar Shah, Molazam Hussain Shah and Sajjad Hussain Shah alongwith Altaf Hussain Shah and Asghar Hussain Shah stand charged for the murder of Murid Hussain Shah and for murderously assaulting Ijaz Hussain Shah, Amir Hussain Shah and Irshad Hussain Shah on 11 -6‑1988 at 12 noon. Asghar Hussain Shah is already on bail while Altaf Hussain Shah has not applied for bail. However, the other five accused named above seek bail. The occurrence was sequel to a money dispute between the parties.

2. It is alleged that on 11‑6‑1988 the petitioners and their companions waylaid the deceased and the injured P.Ws. and attacked them with fire‑arms, sticks and brick‑bats. Safdar Hussain Shah, Asghar Hussain Shah and Molazam Hussain Shah were empty handed. Arif Hussain Shah petitioner and Altaf Hussain Shah were armed with guns. Sajjad Hussain Shah and Akbar Shah carried sticks. Ineffective firing is attributed to Arif Hussain Shah. Sajjad Hussain Shah and Akbar Shah are alleged to have caused simple injuries with sticks to Amir Hussain Shah P.W. Safdar Hussain Shah is alleged to have taken gun from Arif Hussain Shah and fired it at Ijaz Hussain Shah P.W. hitting him below the right eye causing simple injury. Molazam Hussain Shah is alleged to have pelted brick‑bats hitting Irshad Hussain Shah on the forehead. Altaf Hussain Shah is alleged to have fired a gun shot at Murid Hussain Shah which proved fatal. Irshad Hussain Shah complainant fired revolver shots in the air in his self‑defence. He with the help of his brothers Ijaz Hussain Shah P.W. apprehended Altaf Hussain Shah accused alongwith his gun. He suffered some injuries at their hands. Irshad Hussain Shah reported the matter to the police at 6‑30 p.m.

3. Bail is pleaded on the ground that Sajjad Hussain Shah is a minor having been born on 13‑3‑1975. The complainant party is said to be the aggressor. They suppressed the injuries of Safdar Hussian Shah who had received 5 fire‑arm injuries including one grievous. It is said to be a case of cross‑versions. The complainant party also stands challaned under section 307, P.P.C. for causing injuries to Altaf Hussain Shah and Safdar Hussain Shah. Except Ijaz Hussain Shah all the other accused of the cross‑case are on bail. The Investigating Officers have held it to be a case of free fight.

4. Learned counsel for the State and the complainant have opposed the application. According to them the petitioners are not entitled to bail because of having murdered Murid Hussain Shah and murderously assaulted three P.Ws. According to them they had waylaid the deceased and the injured party and cannot take the benefit of the injuries suffered by them because the complainant party had acted in self-defence.

5. I have heard the learned counsel for the parties. According to the Investigating office there was a free fight between the parties and both have been challaned. Simple injuries are attributed to the present petitioners. Altaf Hussain Shah to whom the fatal injuries of the deceased are attributed had not applied for bail. Both the parties have been challaned. It is yet to be seen which party is guilty of aggression. In this view of the matter, I admit the petitioners to bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, Mankera. SA./S‑360/L Bail granted.