1984 P Cr (PLP)

Saleem Shad for the State. Date of hearing: 24th October, 1983. This bail application is on behalf of eight persons who have been challaned in a case registered under sections 148 and 302 read with section 149 of the Pakistan Penal Code. The occurrence took place on 29th December, 1982 at 7.00 a.m. in the fields of village Dhoke Shahani. It was reported at Police Station Mandi Bahauddin on the same day at 9.05 a.m.

2. There was a dispute over land between the parties arising out of inheritance. It was taken to a Civil Court where it was resolved in favour of the complainant party. It was alleged by the complainant party that at the time of the occurrence Najeeb Shah deceased, Muhammad Shah, Nadar Shah and Karamat Hussain Shah were sitting at their dera around a fire. The deceased went out to bring some fodder for the cattle. Suddenly thirteen persons including the eight petitioners came there in two groups from different directions. They were armed with rifles, shot-guns, pistols and a spear. They opened fire with their respective weapons. The deceased was hit by the fire of Muhammad Abbas who was carrying a 7-MM rifle. He died at the spot. The other members of the complainant party took refuge in the dera and thus escaped entirely unharmed.

3. During the course of investigation five persons were found innocent. The rest, that is, the petitioners were challaned.

4. The post-mortem examination of the deceased reveals that he was possibly hit with not more than two bullets. There were three injuries on his body of which one was a wound of exit.

5. Since the fatal shot received by the deceased was attributed to Muhammad Abbas rejected his prayer for bail at the very outset.

6. I inquired from the Investigating Officer if any empty cartridge or shells were recovered from the scene of occurrence he replied in the negative. I also asked if there were any signs of firing at a very large scale at the scene of occurrence his answer was again in the negative. He also informed me that there were no bullet or pellet marks on the dera where some members of the complainant party had taken refuge.

7. The fact that during the investigation five of the persons named in the F.I.R. were found innocent does prima facie indicate that the complainant party while recording the F.I.R. had exaggerated the number of assailants. This circumstance makes prima facie compromises their version. I would therefore enlarge the petitioners (except Muhammad Abbas) on bail on their executing bonds in the sum of Rs. 50,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Gujrat. S. G. D. Bail allowed.