2004 PLP 20 (YLR)

Ch. Muhammad Hussain Chhachhar for Petitioners. Mushtaq Ahmad Bhatti for the State. Date of hearing: 30th June, 2003. This is an application for bail after arrest. At the very outset the learned counsel for the petitioners stated that he does not want to press the bail application to the extent of Muhammad Iqbal alias Bao petitioner No.1 and, as such the bail application to the extent of petitioner namely Muhammad Iqbal alias Bao is disposed of as not pressed. It may be mentioned here that on the previous date the learned counsel for the petitioners had made a similar statement with regard to petitioner No.4 i.e. Zulfiqar Ali alias Maba. Hence, this application is now before this Court only to the extent of petitioners Nos.2 and 3 i.e. Zulfiqar Ali son of Salamat Ali and Ghaffar son of Salamat Ali, both of whom are stated to be the real brothers.

2. The F.I.R. was lodged regarding an occurrence which had taken place on 13‑12‑2002 at 10‑20 p.m. According to the contents of the F. I. R. the petitioners and their co‑accused had attacked' the complainant party and as a result of which Shafaqat Ali deceased was murdered while Muhammad Asif and Abid Ali P. Ws. were injured.

3. So far petitioners Nos.2 and 3 are concerned, the allegation against Zulfiqar Ali son of Salamat Ali petitioner No.2 is that he had given a Chhuri blow on the back of Muhammad Asif whereas the allegation against Ghaffar alias' Chhabbu petitioner No.3 is that he had also given a Chhuri blow in the right flank of Muhammad Asif P.W. The learned counsel for the petitioner has argued that according to the medico‑legal report Muhammad Asif had received three injuries on his person 'and that injury No.1 is attributed to petitioner No.2 as well as to petitioner No.3. Injury No.2 on the person of Muhammad Asif is attributed to Zulfiqar Ali alias Maba whereas injury No.3 is attributed to Ijaz alias Manoo.

4. As already mentioned above, only petitioners Nos.2 and 3 are now before this Court and to whom injury No.1 appears to have been attributed. In any way it appears that during the course of investigation petitioners Nos.2 and 3 were both declared to be innocent and their names were placed in column No.2 of the challan. Under these circumstances, the fact that during the course of investigation both of them were declared innocent and were placed in' column No. 2 of the report under section 173, Cr.P.C. is sufficient to make it a case of further inquiry to their extent. Hence, the bail application to the extent of petitioners Nos.2 and 3 i.e. Zulfiqar Ali son of Salamat Ali and Ghaffar son of Salamat Ali is accepted and both of them are admitted to bail in the sum of Rs.50,000, with one surety each in the like amount, to the satisfaction of the learned trial Court. H.B.T./M‑2333/L Bail granted.