1992 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.302 & 148/149‑‑‑Bail, grant of‑‑‑Accused participated in the occurrence and were attributed specific injuries‑‑ Bail was refused in circumstances. Habib Ahmad Khan Lodhi for Petitioner. Altaf Ibrahim Qureshi for the Complainant. Naseem Arshad for the State. Muhammad Hussain, Muhammad Yaqub, Inayat and Muhammad Hanif petitioners alongwith 11 others stand charged with the murders of Muhammad Siddique, Muhammad Mushtaq and Muhammad Anwar deceased with fire‑arms, hatchets and sticks on 30‑3‑1990.

2. The motive for the offence was that a theft had taken place in the house of one Haji Rehmat Ali for which a case under section 380, P.P.C. was registered against Jats of Police Station Dera Rahim. Muhammad Siddique deceased was helping aforementioned Haji Rehmat Ali. The petitioners and their companions who were Jats by caste nursed grudge against Muhammad Siddique deceased on that account.

3. The prosecution case is that on 30‑3‑1990 the petitioners and their companions entered into the Dera of one Faqir Hussain and attacked the deceased persons with their respective weapons resulting in their deaths.

4. Bail for Muhammad Hussain petitioner is urged on the ground of old -age and sickness. Muhammad Yaqub petitioner seeks bail on the ground that he was found innocent by D.S.P. and A.S.P. Inayat petitioner claims bail on the ground that only a simple stick, injury is attributed to him while on behalf of Muhammad Hanif petitioner it is contended that except for general allegation of firing during the occurrence there is no allegation against him of causing any specific blow to any of the three deceased. 4‑A. Admittedly, Muhammad Hussain petitioner is more than 60 years of age. The medical reports referred to in the order of the learned Additional Sessions Judge indicate that he is a sick person. Furthermore, he is not alleged to have caused fatal blow to any of the deceased. Accordingly, I admit him to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C., Sahiwal. Muhammad Yaqub has also good case for bail because he was ‑found innocent by the D.S.P. and A.S.P. Accordingly considering his case to be one of further inquiry, I admit him to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C., Sahiwal. So far as Inayat and Muhammad Hanif petitioners are concerned no ground for their release on bail at this stage is made out. Both of them are alleged to have taken part in the occurrence. Inayat is alleged to have caused stick injury to Muhammad Siddique while Muhammad Hanif is said to have fired alongwith the other accused. Accordingly, their application is dismissed. S.A./M‑3053/L Order accordingly.