1980 P Cr (PLP)

Muhammad Akbar and 4 others v. The State and another 1978 SCMR7rel. Ch.‑Muhammad Ash'raf Wahlah for Petitioners. Safdar Javed Chaudhry for the State. Murad aged 80, Abdul Sattar aged 16 years and 2 ‑months and Muhammad Ayub aged 17/18 years along with 7 other co‑accused have been sent up by Police Station, Fort Abbas, District Bahawalnagar for offences under sections 302, 307, 364, 452, 148 and 149 of Pakistan Penal Code in respect of the murder of Muhammad Sarwar and murderous assault on Muhammad Arif.

2. Muhammad Sarwar had 7 injuries on his person out of which only one was grievous. Muhammad Arif had 24 injuries on his person of the nature of contusion and swelling etc. out of which three (3) were grievous. I have been taken through the medico‑legal reports and I notice that the injuries are primarily aimed at arms, knees and ankles.

3. The motive attributed is that Sultan son of Murad was earlier murdered and it was suspected by the accused 'that Murad petitioner's son had been murdered at the instance of the deceased, therefore, they forcibly lifted them and after tying them with ropes delivered merciless beating which resulted in the death of Muhammad Sarwar and injuries to Muhammad Arif, as stated above.

4. The bail was opposed by the learned counsel for the State who is being briefed by Ali Gohar, Assistant Sub‑Inspector of Police.

5. Murad petitioner is admittedly aged R

0. Similarly Abdul Sattar, according to his birth entry is aged 16 years and 2 months while Muhammad Ayub petitioner is 17/18 years old. Each of the three petitioners is entitled to bail on this short ground as the case of each of the three petitioners is covered by the principle envisaged in proviso to subsection (1) of section 497 of the Code of Criminal Procedure. I would refer to a case reported as Siraj Din v. Saghir‑ud‑Din alias Goga and another (1970SCMR30) for lending support to my view in respect of Muhammad Ayub and Abdul Sattar petitioners. . Yet another favourable factor for grant of bail to Muhammad Ayub and Abdul Sattar, the two young boys is that neither of the two is attribut ed any blow to Muhammad Sarwar deceased, and attributed injuries to Arif and that the 3 grievous injuries found on the person of Muhammad Arif are not specifically attributed to them. This factor is persuaded by their Lordships of the Supreme Court to allow bail in Muhammad Akbar and d others v. The State and another (1978SCMR7). I can also not ignore .the fact that practically every adult male member of the family of Murad petitioner has been implicated and unfortunately there is a tendency in our country to throw the net more widely. 1n this view of the matter, 1 consider it expedient to allow bail to the petitioners in the sum of Rs. 10,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Fort Abbas, District Bahawalnagar Petition allowed.