2002 P Cr (PLP)

Through this single order Criminal Miscellaneous Nos. 552/B and Criminal Miscellaneous No.559/B of 2001 are being disposed of as both these bail petitions are outcome of one and the same F.I. R.

2. Muhammad Arshad and Nazir Ahmad, Petitioners in Criminal Miscellaneous No.552/B of 2001 and Criminal Miscellaneous No.559/B of 2001 respectively, seek post-arrest bail in case F.I.R. No.114 0f 2001, dated 18-4-2001 registered under sections 302, 324 and 34, P.P.C. at Police Station Liaqatpur, District Rahim Yar Khan.

3. Briefly stated the prosecution story as narrated in the F.I.R. by the complainant is that on 18-4-2001 at 7-30 a.m. the complainant alongwith his brother Muhammad Qasim was going through the bazaar where Allah Ditta Arain was standing in front of his house, who on seeing them started calling them by names and said that he had forbidden them from passing through this site, why they have come there. The complainant and his brother answered that the bazaar is a thoroughfare. On this he became furious and called his sons instigating them to teach a lesson to the complainant and his brother. On his call Ghaus Bakhsh and Hadayat Ali sons of Allah Ditta armed with hatchets came there. Allah Ditta grippled Muhammad Qasim and Ghaus Bakhsh inflicted hatchet blow on the head of Muhammad Qasim who fell down. Hadayat Ali caused a hatchet blow on the left hand of the complainant. This occurrence attracted Mst. Pathani wife of the complainant and Muhammad Ashraf son of Muhammad Shafi to the spot. Meanwhile other co-accused Inayat Ali son of Allah. Ditta armed with hatchet, Nazir Ahmad Chakiwala son of Allah Ditta armed with hatchet, Zulfiqar alias Jumman son of Muhammad Nawaz and Muhammad Arshad son of Meraj Din armed with sticks also came there. Inayat Ali caused hatchet blow on the head of Mst. Pathani. Muhammad Arshad one of the present petitioners caught hold of Muhammad Ashraf and Nazir Ahmad Chakiwala, the other petitioner caused injury on his head with hatchet. Zulfiqar Ali inflicted stick blow on his arm. On the hue and cry Muhammad Amin son of Malik Muhammad Bakhsh, Imam Bakhsh son of, Allah Jiwaya and Muhammad Yusuf, brother of the complainant reached the spot and rescued them from the assailants.

4. Thereafter, Muhammad Qasim succumbed to the injuries and section 302, P.P.C. was added later on.

5. The petitioners applied for grant of post-arrest bail which was declined by Additional Sessions Judge, Liaqatpur on 1.9-6-2001.

6. The learned counsel for the petitioners contended that the police has declared the petitioners and co-accused Zulfiqar innocent and challaned them to the Court by placing them in Column No.2 of the report under section 173, Cr.P.C. They further contend that the injury caused on the head of Muhammad Ashraf, alleged assigned to Nazir Ahmad petitioner has been declared Shajjah-i-Mudihah, with blunt weapon by the Medical Officer, which is not punishable with capital punishment, 'life or ten years' imprisonment. Further contended that co-accused Zulfiqar has been released on bail by the Lower Court and the case of the petitioners is at par with that of co- accused Zulfiqar. The learned counsel further contended that no weapon of offence has been recovered from Muhammad Arshad petitioner and he has been involved due to enmity with Muhammad Amin and Imam Bakhsh P. Ws. On the strength of above submissions, it is prayed that the petitioners be admitted to bail.

7. Conversely, the learned State Counsel opposed the grant of bail contending that the petitioners are involved in a heinous offence which is punishable with death or life imprisonment and specific role has been attributed to them. They have caused injuries to Muhammad Ashraf injured.

8. I have heard the arguments of the learned counsel for the parties and perused the record.

9. There is no cavil with the fact that Zulfiqar Ali co-accused has been released on bail by the trial Court. The allegation against him is that he caused injury on the arm of Muhammad Ashraf injured with a stick. The role attributed to the petitioners is that one of them had overpowered Muhammad Ashraf and other has caused injury on his head. The rule of consistency is attracted to the case of the petitioners because their case is at par with that of their co-accused Zulfiqar Ali. The petitioners have not caused any injury to Muhammad Qasim deceased nor they played any role in the commission of his murder. No weapon of offence has been recovered from the petitioner Muhammad Arshad. The police found both the petitioners innocent during the investigation and challaned them in Column No.2 of report under section 173, Cr.P.C. Therefore, prima facie, there is sufficient material to believe false involvement of the petitioner and to bring their case under the ambit of "further inquiry". The petitioners are behind the bars and no useful purpose would be served by detaining them further in jail. The challan of the case has been submitted in the Court and there is no likelihood of early conclusion of the trial of the case.

10. For the foregoing reasons and without expressing any opinion on the merits of the case, lest it may prejudice-the case of either side, these petitions are accepted and the petitioners Muhammad Arshad and Nazir Ahmad are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (one 'hundred thousand rupees) each with one surety each in the like amount to the satisfaction of the trial Court/Illaqa/Duty Magistrate. N.H.Q./M-759/L Bail allowed.