1989 PLP 4023 (MLD)

Malik Muhammad Amjad Khan for the Complainant. Petitioners seek bail in the case registered at Police Station Satiana, District Faisalabad on 15‑7‑1988 under section 302/307/148/149, P.P.C. read with section 109, P.P.C.

2. The detailed facts given in the F.I.R. stand incorporated in the order passed by this Court on 30‑1‑1989 in a petition for bail filed by co‑accused of the petitioners. The same need not be repeated in extenso. Only relevant parts assigned to the petitioners are being mentioned in this order. In that, Allah Rakha petitioner, according to F.I.R. was alleged to be armed with a gun at the time of occurrence while Muhammad Yaqub petitioner was armed with a Datar. Allah Rakha is stated to have opened the fire alongwith Ghulam Rasul but none was injured, except Mukhtar Ahmad who had suffered an injury on the hand as a result of the shot fired by him. He is also alleged to have given blows with the butt of gun to Abdul Sattar P.W. Muhammad Yaqub petitioner is only alleged to have given two Datar blows to Abdul Sattar.

3. In the occurrence, apart from Abdul Sattar, Mukhtar Ahmad and Muhammad Nawaz P.Ws., their companion Abdul Aziz (deceased) was done to death. Abdul Aziz was found to have suffered two injuries. Abdul Sattar P.W. was noted to have suffered four injuries. Mukhtar Ahmad and Muhammad Nazir P.Ws. were noted to have suffered 5 and 3 injuries respectively. While from accused side, Allah Rakha petitioner had suffered 11 injuries and his brother Maqbool co‑accused had suffered 7 injuries.

4. The doctor who had examined Mukhtar Ahmad P.W. had kept the injury on the hand under observation. While declaring the same grievous after X‑ray examination he opined that the same appeared to have been caused by a blunt weapon. Learned counsel for the petitioners in this respect stated at the Bar that the P.Ws. also later during investigation had explained that the said injury was caused with the butt of gun.

5. The summed up position is, that although one of the persons on the complainant side had died, yet the total injuries suffered by the accused side are more in number than that of the complainant side. The complainants themselves did not deny having caused injuries to Allah Rakha petitioner and his brother Maqbul co‑accused although they stated that by way of explanation. They are in jail for the last about nine months. As noted earlier, except the injury on the hand of Mukhtar Ahmad P.W., the other injuries alleged to have been caused by both the petitioners to said two P.Ws. were declared simple. With regard to injury declared grievous also there is a contradiction in the F.I.R. and the opinion of the doctor about the weapon used for that. In the circumstances reasonable grounds do not appear at this stage of the petitioners having committed the offence charged with. This petition is, therefore, allowed and the petitioners are directed to be released on bail, provided they furnish bail bonds in the sum of Rs. twenty thousand each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Jaranwala. SA./A‑696/L Bail allowed.