2017 PLP 79 (YLRN)

ASLAM JAVED MINHAS, J.

This order shall dispose of Crl. Misc. No.7314- B/2015 titled Qadir Bux v. The State, etc. and Crl. Misc.No.7324-B/2015 titled Ahmad Jan v. The State etc. as both the are outcome of the same FIR.

2. Qadir Bux and Ahmad Jan, petitioners seeks their post arrest bail in a case bearing FIR No.132/2015, dated 26.7.2015, under sections 302, 324, 337-A(ii), 109, 148, 149, P.P.C. registered with Police Station Rojhan, District Rajanpur. 2(sic) The allegation against the petitioners is that they along with their co-accused while armed with their respective weapons, in prosecution of their common intention, attacked the complainant party due to which they became injured. Muhammad Zareef, injured succumbed to the said injuries and died on the way to hospital. The allegation against Qadir Bux, petitioner is that he while armed with sota caused sota blow on the right eye of the deceased whereas Ahmad Jan, petitioner while raising lakara gave iron rod blow at the head of the deceased.

3. Learned counsel for the petitioners argued that it is a case of cross-version in which six persons from the accused side also received injuries which have been suppressed by the complaint party. He further contended that it is a sudden fight and not pre-planned one. He further contended that co-accused Bolan, Maqsood and Javed lqbal alias Hamal have been granted post arrest bail by this Court through Crl.Misc.No.6390-B/2015 and Crl.Misc.No.6722-B/2015 respectively, therefore, on the principle of consistency the petitioners are also entitled for grant of bail. He further contended that during the investigation co-accused Ibrahim and Siraj have been declared innocent as they were not present at the scene of occurrence, therefore, the case of the petitioners is also of further inquiry.

4. On the other hand, the learned Deputy Prosecutor General assisted by the learned counsel for the complainant opposed the petitions and contended that the petitioners are the principle accused and due to the injuries caused by them the deceased succumbed to the injuries. They further contended that the trial has commenced, therefore, the petitioners are not entitled for bail.

5. Arguments heard. Record perused.

6. The record shows that the petitioners are nominated with their specific role of causing injuries to the deceased which resulted into death of the deceased and the said injuries duly find mention in the post mortem examination. According to the post mortem examination report, the doctor opined that injuries Nos.1 and 2 caused by blunt weapon and are sufficient to cause death as both caused concussion and contusion injury of the skull which leads to edema and swelling of the brains matter and internal brain haemorrhage which are sufficient to cause death. The alleged offence falls under the prohibitory clause of section 497, Cr.P.C. The challan has been submitted and the trial has commenced. Registration of cross case/ cross-version against the complainant party is no ground for grant of bail. In this regard reference may be made to the case of Nasir Muhammad Wassan and another v. The State (1992 SCMR 501) whereby it has been held that specific role had been assigned to the accused persons for causing death of a person. Prima facie, opinion on merits in favour of the accused persons being not possible question of further inquiry would not arise. Merely because there were cross FIRs or cross-cases registered by the parties against each other it could not be a ground for grant of bail in circumstances. As far as the medical ground taken by the learned counsel for the petitioner that Ahmad Jan, petitioner is sick, is concerned, report dated 12.01.2016 has been received from the Superintendent, District Jail Rajanpur has been received. According to the report, the prisoner complained of pain of abdomen and backache. During routine screening he was found hepatitis B+ve. The Medical Superintendent DHQ Hospital has been requested for the treatment and investigation like PCR/Eliza of above said under trial prisoner. Thus, the medical ground taken by Ahmad Jan, petitioner has no force and the same is turned down. In view of what has been discussed above, both the petitions filed by Ahmad Jan and Qadir Bux, petitioners have no force and same stand dismissed.

7. However, it is made clear that the observations made above are tentative in nature and shall no affect the merits of the trial. HBT/Q-5/L Bail refused.