1986 P Cr (PLP)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/148/149‑‑Bail, grant of‑ Occurrence not disputed between parties‑‑Cross‑cases against each other‑‑Accused and co‑accused in cross‑case already on bail‑‑Case of accused being that of further inquiry, bail granted in circumstances. M. Sultan Alam for Petitioners. Muhammad Iqbal Adam for the Complainant. Abdur Rashid Sheikh for the State. This is a petition for bail on behalf of Muhammad Irshad and Muhammad Sharif in a case under section 307/149/148, P.P.C. arising out of F.I.R. No. 34, dated 24‑3‑1985, recorded on the statement of Asghar Ali. It is stated in the F.I.R. that about 7/8 months prior to the occurrence, Feroz Din had got a case registered against Riaz and Irshad under section 452/325/34, P.P.C. and he (Asghar Ali complainant) was prosecution witness in that case. On 24‑3‑1985, at about 8‑00 a.m., Asghar All complainant was proceeding to the house of his uncle. When he reached the Chowk of village, he found Riaz and Inayat accused armed with sticks present there. They told him that they would teach him a lesson for being a witness against them. This resulted in exchange of hot words. In the meanwhile, Irshad petitioner armed with .12 bore gun, Muhammad Sharif petitioner armed with .12 bore gun, Anwar Beg armed with .12 bore gun and Niaz armed with Sota came there. On hearing alarm, Mukhtar Ahmad P.W. and Noor Muhammad P.W. reached there. Riaz, Inayat and Niaz gave stick blows to Asghar Ali complainant. Anwar Beg fired in the air, Irshad fired at Mukhtar Ahmad P.W. hitting him on the left leg. Muhammad Sharif fired which hit Noor Muhammad P.W. in abdomen. The occurrence was also witnessed by Muhammad Sarwar and Mukhtar son of Niaz Ahmad. The accused then went away alongwith their respective weapons. After getting the injured medically examined, the present case was registered on an application by Asghar Ali complainant at 3‑15 p.m. On the same day, another case was registered, vide F.I.R. No. 35 on the statement of Muhammad Irshad (present petitioner) under section 307/149/148, P.P.C. against Muhammad Sarwar who had a gun and Muhammad Akram, Tariq, Mukhtar son of Burra and others who all were armed with Sotas. It was alleged that the said accused caused injuries by fire‑arm to Niaz and by sticks to Niaz, Inayat and Riaz. The petitioners were arrested. They did not succeed in their petition for bail before the lower Court, hence this petition.

2. I have heard the learned counsel for the petitioners as well as the learned counsel for the State and the complainant. All the accused in the cross‑case registered under F.I.R. No. 35 under section 307/149/ 148, P.P.C. are on bail. All the accused excepting the two petitioners in the present case are also on bail. The occurrence in this case is not disputed between the parties and the question which will be determined during the trial will be as to which of the parties was aggressor. In view of the fact that all other accused from both sides are on bail and the question of the aggression by any of the two parties has yet to be determined, I consider the case of the present petitioners is that of further inquiry. They are allowed bail on their A furnishing of bail bonds in the sum of Rs.10,000 (Rupees ten thousand) with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal. S.A. Bail accepted.