1977 P Cr (PLP)

Abdul Shakoor v. State 1975 P Cr. L J 162 and Mst. Shafiqan v. Hashim All 1972SCMR682ref. Ijaz Hussain Batalvi for Petitioners. Sh. Ziaud Din for the State. Karim Bakhsh and his seventeen co-accused have moved this petition for bail in a case registered against their; under sections 148, 302, 307, 324 and 323 read with section 149 of the Pakistan Penal Code. The allegations are that on 25th August 1976, at about 12-00 noon Nura complainant was present. In his house at Chah Malkewala, His brother Muhammad Zulfiqar. Muhammad Shafi son of Ghulam, Muhammad Shafi son of Inayat and Hidayat deceased were also present there when all the eighteen petitioners came at that Chah and tethered their cattle in Killa No. 20 of Square No.

24. Salabat, Allah Yar and Khuda Yar petitioners were armed with dangs and the remaining with dangs. The complainant and his companions entreated the petitioners to vacate Killa No. 20 but they refused to do so, and Karim petitioner gave a lathi blow to Hidayat hitting his head. Muhammad Bakhsh gave another blow to him, which also landed on his head as a result of which he fell down and later on expired in the hospital on 28th August 1976. Nura complainant, Zulfiqar, Muhammad Shafi son of Ghulam, Muhammad Shag son of Inayat, Ahmad, Muhammad and Haq Nawaz P. Ws. also sustained injurie3 at the hands of the eighteen petitioners. In the F. I. R. it is further stated that the complainant party also injured the acmuse4 party in exercise of the right of self-defence. On the accused side, seven persons, namely, Nur Muhammad, Allah Ditta, Salabat, Humayun, Ghulam, Allah Bakhsh and Allah Yar also sustained injuries. Some of the injuries on the first-mentioned three accused petitioners were grievous in nature.

2. The learned counsel for the petitioners contends that Hamayun petitioner had reported the occurrence regarding the same incident a day prior to the lodging of the report by the opposite-party. Relying on agreement-deed dated 16th August 1976, he contends that Killa No. 20 of Square No. 24 in which the occurrence took place, was in possession of the petitioners and the complainant party wanted try forcibly dispossess them resulting in a fight in which the petitioners caused injuries to the members of the complainant party in exercise of the right of private defence of person and property. He further states that at best it was a case of free fight and each accused would be responsible for his individual act. Relying on Abdul Shakoor v. State (1975 P Cr. L J 162) and Mst, Shafiqan v. Hashim Ali (1072 S C M R 682) he contends that since all the accused in the cross-case have been admitted to bail, the petitioners are also entitled to the same concession.

3. I have persued the record. The agreement-deed dated 16th August 1976 shows that Allah Ditta had relinquished his tenancy rights in Killa No. 20 of Square No. 24 in lieu of compensation. During the investiga tion Allah Ditta P. W. admitted having executed this agreement. However, on the basis of this material it is not possible to soy that the petitioners were in actual physical possession of Killa No. 20 of Square No. 24 in which the occurrence took place. The facts and circumstances prima facie show that there was a free fight between the parties over the possession of this field in which both the parties sustained injuries and one person on the complainant side was killed. According to the learned counsel for the petitioners, all the accused persons in the cross-case have been admitted to bail which fact is not controverted by the learned counsel for the State. Karim Bakhsh and Muhammad Bakhsh petitioners are alleged to have caused laths blows on the head of the deceased, which ultimately proved fatal, therefore, no case for their enlargement on bail is made out. However; so far as the remaining petitioners, namely, Pathana, Saeed, Nur Muhammad son of Gehna, Ghulam, son of Gehna, Umar Farooq Jamal alias Jalla, Mopal, Nur Muhammad son of Murad, Hamayun, Ghulam son of Murad, Allah Bakhsh, Allah Ditta, Ahmad, Salabat, Allah Yar and Khuda Yar, are concerned, there is a general allegation against them that they caused injuries to the P. Ws. In the circumstances, I admit them to bail in the sum of Rs. 25,000 (twenty-five thousand) with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Jhang. Order accordingly.