1983 P Cr (PLP)

Muhammad Akbar Cheema for the State. The three petitioners herein were alongwith two others, namely, Azhar and Akram arrested on the charges under section 148/307/325/326/ 149, Pakistan Penal Code in the case registered at Police Station Wando District Gujranwala, on 18th September, 1980. The allegations against the petitioners are that they had formed an unlawful assembly, committed armed rioting and had in furtherance of common object of that assembly, assaulted Basheer Ahmad, a labourer in the village, causing him serious injuries which amounted to murderous assault, etc., under section 307, Pakistan Penal Code. The complainant had suffered eleven injuries allegedly at the hands of the accused. The role of each individual accused as indicated in the first information report recorded at the instance of Basheer Ahmid was that Ilyas accused was armed with carbine which, however, did not work and proved ineffective. The accused had also shouted 'Lalkaras'. Iftikhar petitioner (2) bad caused injury to the complainant in the inner side of the left elbow with knife in his hand which was found to be grievous. Zulfiqar petitioner (3) .had dealt below on the left elbow of the complainant which was fractured. Azhar petitioner (1) and Akram had caused injuries to the complainant in the right arm which was also fractured. The complainant was given further blows also with soats after he had fallen down. The injuries on the elbow joints caused with sotas were also declared grievous as X‑Ray had revealed dislocation of both elbow joints.

2. Ilyas accused was admitted to bail by learned Additional Ses sions Judge for the reason that he was allegedly guilty of ineffective firing and had been merely raising lalkaras, Akram was admitted to bail with the reasoning that no specific injury was attributed to him. The case of the petitioners was found to be distinguishable from that of the said two accused.

3. The charges levelled against the petitioners under section 3071 326, Pakistan Penal Code are punishable with life imprisonment. The case, therefore, falls within the purview of subsection (1) of section 497, Criminal Procedure Code. Bail cannot be allowed in such cases if there are reasonable grounds for believing that the accused was guilty of the charge. Allegations made in the first information report are ex facie confirmed by the number and nature of the injuries suffered by the complainant. Learned counsel for the petitioners contended that the case against the accused was that of further enquiry under subsection (2) of section 497, Criminal Procedure Code for the reason that case for the offence under section 13 of Ordinance II of 1965 was registered against the complainant also that at the time of incident he was armed with carbine of 303 bore. The challan had also been filed against the com plainant in Court. This shows that the occurrence had taken place in different circumstances, which will be clarified during examination of evidence. This case was registered on a report made by Soobe Khan father of Azhar petitioner (1) and he had produced the carbine in question. In these circumstances the contention that there was counter‑version of the incident and the accused will be deemed to have acted in self‑defence could not be evalued in favour of the accused. It was further urged on the side ‑f the petitioners that the report was lodged after eight hours of the incident at police station distant five miles only from the site of occurrence. This delay also justified doubts against genuineness of the allegations made by the complainant. The complainant was examined at Wazirabad hospital at about 3‑00 p. m. and the lodged after about an hour. The report was question of delay will turn on enquiry facts.

3. However, I am inclined to allow Azhar petitioner (1) the conces sion of bail as his case was at par with that of Akram who was admitted to bail by learned Additional Sessions Judge. Azhar to be released on his furnishing security bond in the sum of Rs. 5,000 with one surety with personal bond in the like amount to the satisfaction of Assistant Commis sioner (Sadar)/Duty Magistrate, Gujranwala. The application so far it relates to the remaining two petitioners stands dismissed. M. A. K. Order accordingly.