1983 P Cr (PLP)

Mazhar Hussain Mohal assisted by Khadim Nadeem Malik for the State. This is an application for bail on behalf of Sultan petitioner in a case under section 148/307/302/149, P. P. C. registered at P. S. Mittro, vide F. I. R. No. 121 dated 23-7-1982.

2. The prosecution case is that the petitioner and others, all armed with dangs in furtherance of their common object launched murderous assault upon Ajayab Khan, Muhammad Anar, Muhammad Khan and Muhammad Hayat and thereby caused the death of Ajayab Khan and injuries to others. As for the motive, it has been stated that since 4 days prior to the occurrence Ajayab Khan deceased and Muhammad Khan injured P. W. had given beating to Muhammad Nazir (co-accused of this murder case) after rendering him naked, therefore, to avenge that insult, the accused have done away with Ajayab Khan and caused injuries to Muhammad Anar, Muhammad Khan and Muhammad Hayat P. Ws.

3. As for the petitioner it has been alleged that he was armed with a dang and caused one blow on the arm of Muhammad Hayat P. W.

4. Learned counsel for the petitioner submits that Sultan petitioner who is resident of District Sargodha has been falsely implicated in the case at the instance of his enemies; that no specific injury caused to the deceased has been attributed to him and the general allegation that when after receiving injuries by the co-accused, the deceased Ajayab Khan and P. W. Muhammad Anar fell down, they were given dang blows by all the accused is of no-significance because it does not indicate as to who had injured whom ; that since the deceased and others had given beating to Muhammad Nazir co-accused, the common object of the assembly at the worst was to give beating to Ajayab Khan and others, and lastly that the only injury attributed to the petitioner i.e. on the right arm of Muhammad Hayat although declared grievous by the doctor is not grievous within the meanings of section 320, P. P. C. As against this, the learned counsel for the State assisted by the learned counsel for the complainant has vehemently opposed the plea for bail of the petitioner on the ground that there is general allegation that all the accused caused injuries to Ajayab Khan and Muhammad Anar when they were lying injured and that in the circumstances of the case, the provisions of section 149, P. P. C. stand very much attracted against all the accused.

5. After having considered the arguments of the learned counsel for the parties and going through the record available before me, I find that 9 persons have been implicated in this case, the petitioner and his brother Muhammad Nawaz co-accused (on bail) are not related to Muhammad Nazir who was beaten by the deceased, etc. four days prior to the occurrence the petitioner is resident of District Sargodha whereas the occurrence took place in District Vehari; as against the petitioner and his brother Muhammad Nawaz, no direct or indirect motive has been alleged ; the only injury which has been specifically attributed to the petitioner is the injury No. 1 of Muhammad Hayat P. W. and the doctor has without any X-Ray declared this injury grievous on the ground that "bone is pulpable at middle" and as such it is yet to be determined whether this injury can be treated as a grievous injury within the meanings of section 320, P. P. C ; that in the F. I. R. most of the injuries found on the person of the deceased have been specifically attributed to 5 co accused namely Muhammad Bashir, Khan Muhammad, Ahmad Khan, Fazal Elahi and Muhammad Nazir but no specific injury found on the deceased has been attributed to the petitioner. Furthermore, the general allegation that all the accused had injured the deceased and Muhammad Anar P. W. when they were lying on the ground after having received injuries specifically attributed to 5 co-accused mentioned above, is prima facie of no significance because it does not indicate that out of the two persons i.e. the deceased and Muhammad Anar who had been injured by whom and lastly the doctor has not declared the injuries collectively or individually sufficient to cause death in the ordinary course of nature.

6. For what has been found above, I am of the opinion that as far the petitioner, the matter requires further enquiry within the meanings of section 497 (2) Cr. P. C. He is, therefore, allowed bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Mailsi. Bail allowed.