2000 PLP 1616 (MLD)

M. Arif for the Complainant. Kh. Shahzad Slaeem for the State. RIAZ KAYANI, J.‑‑‑This is an application on behalf of Muhammad Irfan and Muhammad Afzal. Against whom and others a case was registered on 18‑6‑1999 at 4‑00 p.m. about an occurrence which took place on the same day at 7‑00 a.m. within the area of Police Station Pasrur, District Sialkot on the statement of Abdul Haq.

2. Allegation against the present petitioners is that they alongwith three others while armed with fire‑arms and hatchets caused the death of Abdul Razzaq and also caused injuries on the person of Abdul Waheed and Abdul Haq. As far as, Muhammad Afzal petitioner is concerned, he was armed with 8 MM rifle, according to the F.I.R. he did not cause any injury either to the deceased or the injured P. Ws. As far as, Irfan petitioner is concerned, it was mentioned in the F I.R. that he alongwith his co‑accused caused injuries on the person of injured P.Ws. namely Abdul Waheed and Abdul Haq.

3. Learned counsel for the petitioners submits that Muhammad Afzal petitioner is not attributed any overt act either towards the deceased or to the injured P.Ws. Further submits that as far as, Irfan petitioner is concerned, he was armed with a hatchet but no specific injury is attributed to him. He further submits that main shot towards the deceased Abdul Razzaq is attributed to Muhammad, Arshad co‑accused of the petitioner, who is not petitioner before this Court. He submits that Abdul Waheed received eight injuries, all of them are simple in nature and are' caused with blunt weapon while Abdul Haq received six blunt weapon injuries. He submits that the case of the petitioner is covered by subsection (2) of section 497, Cr.P.C. which require further inquiry into guilt of the petitioner.

4. On the other hand, learned counsel for the State assisted by learned counsel for the corr‑11ainant submits that petitioners are named in the F.I.R., that they in prosecution of their common object after forming an unlawful assembly caused the death of Abdul Razaq and also caused injuries on the person of Abdul Waheed and Abdul Haq, that all the eye‑witnesses including two injured eye‑witnesses are supporting the prosecution case, that there are reasonable grounds to believe that petitioners are guilty of an offence punishable with death and imprisonment for life or 10 years.

5. We have heard the learned counsel for the parties and have also gone through the record. Muhammad Afzal, petitioner was armed with 8 MM rifle but he was not attributed any injury either to the deceased or to the injured P.Ws. As far as, Irfan petitioner is concerned, he was armed with hatchet but there is no injury with sharp‑edged weapon either on the persons of deceased or to the injured P.Ws. He is not attributed any specific injury. Injuries on the persons of both the injured P.Ws. are simple in nature. In our considered view, case of both the petitioners is convered by subsection (2) of section 497, Cr.P.C. which requires further inquiry into the guilt of the petitioner. This petition is accepted. Petitioners are allowed bail subject to furnishing bail bonds in the sum of Rs.50,000 (fifty thousand) each with one surety each in the like amount to the satisfaction of trial Court. H.B.T./M‑183/L Bail granted.