2011 P Cr (PLP)

FAISAL ARAB, J.

Applicants are booked in Crime No. 24 of 2010 of Police Station Shahpur under sections 302, 324, 34, P.P.C. There was a dispute with regard to the construction of the shop by the complainant party in the street and both the parties i.e. complainant and the accused live in the same vicinity and are also close relatives. The accused party objected to the construction of the shop in the common street and on such objection the dispute arose with the result father of the complainant Gulab lost his life and the uncle of the complainant Gul Hassan sustained injury on his head. The injury sustained by deceased Gulab is attributed to co-accused Arz Muhammad whereas the injury sustained by Gul Hassan on his head is attributed to present applicants. Learned Counsel for the applicants argued that the injury that has been sustained from the blows of the applicants is of in nature of 337-A(i), P.P.C. of the head of Gul Hassan i.e. from a hard and blunt object, which is punishable for two years whereas the deceased Gulab sustained injury from the blows of Arz Muhammad and therefore, the applicants are entitled for bail. In support of her contentions she relied upon the cases reported as 1999 SCMR 1360 and PLD 2010 Supreme Court

585. Learned Counsel for the complainant on the other hand argued that no doubt that the applicants' blows are directed against injured Gul Hassan but in the entire-controversy one person died and therefore there was common intention to commit murder and they are not entitled for grant of bail as one of the victims has succumbed to the injuries and died. In support of his contentions he relied upon the cases reported as 1989 SCMR 239, 1996 SCMR 1023, 2009 MLD 380, 2009 PCr.LJ 1058 and 2001 PCr.LJ

359. Learned Assistant Prosecutor-General for the State adopted the arguments of the complainant's Counsel and prayed for rejection of bail application. In the cases relied upon by the complainant's counsel bail has been denied on account of the fact that the murder has been committed on account of common intention of all the accused persons but in the present case it can be noted that in the F.I.R. it is stated by the complainant that over a dispute on the construction of the shop by the complainant the accused persons who are residing in the same neighbourhood armed with hatchets, hard and blunt and wooden objects started abusing the complainant party where suddenly father of the complainant arrived on the motorcycle and one of the accused persons Arz Muhammad inflicted blows from the iron rod that he was carrying. From the narration of F.I.R., at this stage it cannot be said that there was a common intention to commit murder. Since the applicants' blows have injured one Gul Hassan and the injuries are of the nature of section 337-A(i), P.P.C. punishable for two years only, they are entitled for bail. Involvement of the applicants under section 34, P.P.C. shall be decided only when the entire evidence is recorded before the trial Court. In the circumstances, the applicants are granted bail subject to their furnishing solvent surety in the sum of Rs.200,000 each and P.R Bond in the like amount to the satisfaction of learned trial Court. The bail application stands allowed in the above terms. H.B.T./M-114/K Bail granted.