1987 P Cr (PLP)

Mushtaq Raj for Petitioner. Hasnaat Ahmad Khan for the Complainant. C.M. Latif for the State. Muhammad Arshad petitioner has moved this petition for bail in a case registered against him and others under section 302 and 307, P.P.C. read with sections 109 and 34, P.P.C. His co‑accused Amanat Ali has moved Criminal Miscellaneous No. 467‑B of 1987 for bail in the same case. Both the petitions shall be disposed of by this order.

2. The prosecution version is that on 30‑8‑1986 at 7‑00 a.m. Safdar Hussain complainant and Muhammad Sharif deceased were going to their shop situate in Kabarkhana Bazar, Sargodha. When they reached near the house of Karamat Ullah, all of a sudden Arshad petitioner armed with a hockey stick, Amanat Ali petitioner armed with Sarya (iron‑bar) and co -accused Nasir Ali armed with a revolver confronted them. Amanat Ali petitioner gave six Sarya blows to Muhammad Sharif hitting the various parts of the body including head as a result of which he fell down. Then Arshad petitioner gave him blows on his legs with the hockey stick. Co- accused Nasir Ali fired twice at him. Safdar Hussain complainant tried to rescue him upon which Arshad gave him three blows vjith the hockey stick and he too fell down. Then Amanat Ali injured him with the iron bar. Muhammad Sharif was removed to D.H.Q. Hospital, Sargodha, but on reaching there he succumbed to his injuries. In the F.I.R. it was alleged that the occurrence had taken place at the instance of Ghulam Sarwar. The motive for the offence was that 8/9 days prior to the occurrence the complainant and Muhammad Sharif deceased had given beating to Amanat Ali petitioner and co‑accused Ghulam Sarwar had business rivalry with them.

3. The counsel for the petitioner submits that the recovery witnesses have sworn affidavits that no weapon was recovered from Arshad petitioner; the injuries of Safdar Hussain complainant and those on the dead body could not be caused either by a hockey stick or by an iron bar and in any case the injuries attributed to them being simple in nature, a case for the grant of bail is made out. The learned State counsel has opposed the prayer for bail.

4. The submissions made by the counsel for the petitioners are wholly misconceived. There were 16 injuries on the dead body, out of which, nine were contused wounds and five were described as contusions which included an injury consisting of multiple contusions. Similarly, Safdar Hussain had thirteen injuries in the nature of lacerated wounds, contused swellings and multiple contusions. There is no substance in the contention that the injuries found on the deceased and Safdar Hussain P.W. could not be caused by blunt weapons like a hockey stick and iron bar. The medical evidence shows that both of them were given merciless beating. There is no substance in these petitions and the same are dismissed. S.G.D./M‑159/L Bail declined.