1984 PLP 1538 (MLD)

Ch. Muhammad Abdul Salim with Ghaus Muhammad Chaudhry for Petitioners. Rafiq for the State. This is a petition under section 497/498, Cr.P.C. by Meharban, petitioner No.2, and Shabbir Ahmad petitioner No. 4 for Win respect of a case instituted against them and four others under section 302/307/148/149, P.P.C. at Police Station Sarai Alamgir on 8-7-1983.

2. At this stage it may be stated that the petition qua Ghulam Nabi, petitioner No.1, and Mir Afzal, petitioner No.3, was dismissed in limine by me on 6-3-1984.

3. The brief facts of the case are that Muhammad Ishaq, maternal uncle of Muhammad Hussain, complainant, had sold thirteer Kanals of his land to Ghulam Nabi, co-accused, in respect of which Muhammad Sharif, the father of Muhammad Hussain, complainant, tad filed a pre-emption suit. According to the complainant, the possession of the land was still with them, whereas Ghulam Nabi, co-accused/Pre-emptor, was wanting to wrest it from them. Accordingly, on the date of incident, Ghulam Nabi, co-accused, armed with a hatchet, and Merarban and Shabbir Ahmad, petitioners, and the remaining three co-accused, all armed with Sotas, launched an attack on the complainant party when they were busy in their fields. In the specific narration of injuries given in the F.I.R., Meharban and Shabbir Ahmad, petitioners, are not attributed to have injured either Sanat Ullah, deceased, or Muhammad Hussain and Munawwar Hussain, injured P.Ws. The others are attributed specific parts. However at the end it is generally stated that all the accused then began beating all the members of the complainant party.

4. I have given my anxious consideration to this case. In the specific narration of injuries given in the F.I.R., Meharban and Shabbir Ahmad, petitioners, are not attributed to have injured either Sanat Ullah, deceased, or Muhammad Hussain and Munawar Hussain injured P. Ws. The others are attributed specific parts. However at the end it is generally stated that all the accused then began beating all the members of the complainant party. In these circumstances, the question whether Meharban, petitioner No. 2, and Shabbir Ahmad, petitioner No.4, were present at the scene of incident and, if so, whether they did participate in the occurrence, are matters which call for further inquiry.

5. For the foregoing reasons, this petition is accepted and Meharban, petitioner No.2, and Shabbir Ahmad, petitioner No.4, are released on bail, subject to their furnishing security in the sum of Rupees thirty thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kharian. M . Y . H . Bail granted.