2017 PLP 1672 (YLR)

MALIK HAQ NAWAZ, J.

The petitioner stands booked for the above offences vide FIR No.26/2016 under sections 337/452/337-F/354/506/34, P.P.C. registered at Police Station, Gupis.

2. The precise story of the occurrence is that one Mst. Noor Dana submitted a written application in Police Station Gupis stating therein that on 14.7.2016 at about 1400 hours, when she demanded some apricots from the field of her late husband, his son Farman Ali and his grandson, Irfan Ali mercilessly beated and because of beating she became unconscious. After beating son of complainant namely Farman Ali and his son Irfan Ali expelled her daughter Mst. Haziah from her parental house and locked the same and extended threats of killing to her. The occurrence was witnessed by one Sartaj and Sajid.

3. After registration of FIR, Police started investigation, the present petitioner was arrested and after completion of necessary investigation, he was committed to judicial lockup.

4. The learned counsel for the petitioner submitted that almost all the offences are bailable except section 506(II), P.P.C., which is not attracted in the case. The learned counsel further submitted that there is no MLR in support of the accusations of the complainant and the petitioner is student and his study is suffering due to his incarceration in jail.

5. On the other hand the learned Dy.A.G, opposed the bail application and submitted that the petitioner is directly charged in the FIR, with a specific role of giving merciless beating to non else but his grandmother along with his father. Per learned Dy.A.G, such type of hardened criminal, who have no respect for their elderly parents, should not be allowed concession of bail, as the accused along with his father gave unnecessary and merciless beating only for simple reason that the old age ailing lady requested his share of apricot from the field of her late husband.

6. While pondering over the series of shameful, reproachful, condemnable act which forms the recipe of this FIR, I, am, quite mindful of the lovable pampering sincere affection, indefatigable sense of duty with which a mother rears her children, from many centuries poets, writers, scholars are trying to define the word mother and all her ancillary virtues which accentuate and exalt her stature, yet it seems that everything said and written in this regard still contains space within it to be filled by something new and fresh.

7. The inhuman activity of the accused embarrasses even a common reader, he has given kicks and lathees blow to such a personality under whose feet lies the heaven of ill-starred unfortunate accused, who must have felt herself above the heaven when the father of accused might have kicked for the first time in her womb, she must have been happy when the father of accused have cooed and cackled in her lap, with an imagination that he when grew up, his children will hold her crutches to stand, and her investment will be cashed in her rainy days, crutches to put her weight on, ease to live her life with, but what ultimately happened is a paradox rather an anti thesis to whatever she might have expected, if, I, be asked to pass a verdict as a human being only without being compelled by the canon of law and the sphere prescribed for the Judge to work within, I, would have made him a deteric example for all, disobedient children having like propensities or tendency to go astray, but I, have to decide this bail application as a Judge, who are expected to turn blind eyes and deaf ears to the clamors of sentiments for a Judge the intensity of emotions and prick of sentiments is never a consideration, he bars to look for either the available concession to be provided to the accused guaranteed by law or the Constitution if the facts and circumstances justify doing so or to inflict penalty prescribed by law, were extenuating circumstances do not exist, emotions and sentiments can only come into play, where they work in tandems with the settled principle of law and are thoroughly in accordance with safer administration of justice but not otherwise.

8. The ill fated father of accused, who was also privy to the incident is living with his in laws, what triggered such a harsh re-action was an innocent request of an old and enfeeble grandmother who beseeched her son and grandson for her share of apricots and she was mulled brutally after that, being at pains, I, felt a tug of war going on in between my conscience and the dictates of law, I, was not all inclined to exercise my discretion in favour of such a type of accused, yet I had to succumb to the well settled principle that bail cannot be withheld as a measures of advance punishment and especially when the offences are also not hit by the prohibition contained in section 497, Cr.P.C, with a heavy heart, I, am granting bail to the accused owing and bowing to the availability of requisites, necessary for granting bail "long live rule of law."

9. The accused is admitted to bail subject to furnishing bail bond in the sum of Rs. 500,000/- (Rupees five lac only) with two local and solvent sureties each in the like amount to the satisfaction of the Judicial Magistrate at District Ghizer. HBT/111/GB Bail granted.