1985 PLP 1368 (MLD)

This is an application on behalf of applicant Muhammad Javed who is facing trial in a case under section 302/34, P.P.C. alongwith co-accused Qayoom and, others. His bail application has been rejected by the learned II-.Additional Sessions Judge, Karachi, vide order, dated 28-6-1984. The prosecution case in brief is that on 18-9-1982 at about 10-30 p.m. complainant Abdul. Rehman was standing near the gate of his building while Sheeraz and Majid were standing in front of the Election Office of Nooruddin Natha. In the meanwhile Hanif, Javed and Qayoom and one other person came there. It is alleged that Hanif and Javed were armed with Chhuris while Qayoom had hatchet. The fourth unidentified man had Dands in his hand. They attacked Sheeraz and .Majid. Hanif is stated to have told in loud voice "Mayo" (beat) as these people are contesting elections against them. They caused injuries to S-heeraz and Majid with Chhuris, hatchet and Dandas. These people also attacked Aslam's servant Sheeraz. He was too beaten. This incident witnessed by Abdul Latif, Mushtaq and other Mohalla people. Aslam took his brother Majid to hospital where he died due to Chhuri injuries Mr. Raja Qureshi, Advocate for the applicant has stated that main accused Hanif has not been sent up by the police and his name is mentioned in column No.2 of the challan. His contention is that the case of ,applicant Javed is identical to that of Muhammad Hanif. He has also submitted that co-accused Muhammad Saleem has been granted bail by this Court. Mr. Muhammad Ibrahim Memon, Addl. A.G has opposed the bail application on the ground that specific part has been attributed in the F.I.R. to the applicant Javed and police has favoured Muhammad Hanif and not, challaned him. In the present case the allegation is that Hanif and Muhammad Javed caused Chhuri injuries to Majid and Sheeraz and it is a further case of prosecution that they all caused Chhuri, hatchet and Danda injuries to P.W. Sheeraz. The medical certificate shows that there are no Danda injuries on the person of prosecution witness Sheeraz as such I have granted bail to co-accused Saleem, whose name is also not in the F.I.R. In these circumstances medical evidence also contradicts the ocular testimony. Presently Muhammad Hanif who instigated as well) as caused the injuries to the deceased and injured has not been sent A up for trial by police. I feel that the case of Muhammad Hanif and the present applicant Javed is identical for the purpose of bail. I am of the view that this is a case of further enquiry for the reasons mentioned above and I admit the applicant Javed to bail on furnishing one surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court. S. A. Bail granted.