1988 P Cr (PLP)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307‑‑Bail, grant of‑ Occurrence a free fight in which both the parties were injured and the question as to which party was aggressor yet to be determined‑ Case being that of further inquiry petitioners were allowed bail. Mehr Ghulam Ali Mubashar for Petitioners. Naveed Shahryar for the Complainant. Briefly stated the facts of this case are that on 22‑5‑1987 at about 11 a.m. Mst. Mehr Khatoon complainant alongwith her son Haqnawaz deceased was proceeding from her Dera to village Kandan. When they reached near the Dera of Malik Kamboh, they found Muhammad Faiq armed with gun, Muhammad Aslam armed with hatchet, Muhammad Amir, Muhammad Nawaz, Bari Sultan, Muhammad Yousaf armed with sticks and Ghulam Ahmad empty handed on one side while Muhammad Ramzan, Ahmad Khan armed with guns, Khizar Hayat armed with hatchet, Ahmed Nawaz armed with stick and Ahmad Khan empty handed fighting with each other. A fire hit Haqnawaz deceased who fell down dead. The occurrence was witnessed by Mazhar Hayat and Fateh Khan as well.

2. The police after registration of the case undertook investigation and filed three challans in Court. One challan was filed against Khizar Hayat, Ahmad Nawaz, Muhammad Ramzan and Ahmad Khan son of Manga under sections 307, 325, 148, 149, P.P.C. for causing injuries to Muhammad Nawaz and others. The second challan was filed against Muhammad Nawaz, Muhammad Aslam and others under sections 307, 325, 148, 149, P.P.C. for causing injuries to Khizar Hayat, etc. and the third challan was filed against Ahmad ‑Khan son of Allah Dad (partyman of Muhammad Nawaz, Muhammad Aslam etc. accused) under sections 302, 331, P.P.C. for the murder of Haqnawaz.

3. This is a petition for bail on behalf of Khizar Hayat, Nawaz, Muhammad Ramzan and Ahmad Khan son of Manga accused in case under sections 307, 325, 148, 149, P.P.C. It is alleged that in the free fight they caused two simple blunt weapon injuries to Muhammad Nawaz, eight blunt weapon simple injuries to Muhammad Aslam and three blunt weapon injuries to Muhammad Amir out of which one on arm was grievous in nature. In this occurrence Khizar Hayat petitioner received blunt weapon injuries on his person out of which one on head was grievous. Ahmad Nawaz and Muhammad Ramzan petitioners also received blunt weapon simple injuries on their person. The case being of free fight in which both the parties were injured, the question as to which of the two parties was aggressor requires' consideration. This fact makes the case of present petitioners to be that of further enquiry. Khizar Hayat, Ahmad Nawaz, Muhammad Ramzan son of Allah Dad and Ahmad Khan son of Manga accused are, therefore, allowed bail on their furnishing of bail bonds in the sum, of Rs.20,000 with one surety in the like amount each to the satisfaction of A.C./Deputy Magistrate, Shahpur, District Sargodha. S.G.D./K‑63/L Bail granted.