1984 P Cr (PLP)

Kh. Gul Muhammad Butt for Complainant. This is an application for post arrest bail by Tahir Maqbool petitioner in a case under sections 148 and 302/307/149, P. P. C. registered against him and others at Police Station Shakargarh, District Sialkot on 16-5-1983.

2. The prosecution case, briefly, is that on 16-5-1983 at about 3-00 p. m., the petitioner and his five co-accused formed an unlawful assembly and in prosecution of the common object thereof attacked Mubarik Ali, Muhammad Tariq alias Tan and Muhammad Aslam. Mubarak Ali died as a result of the injuries.

3. It is alleged that at the time of occurrence the petitioner was armed with a sota while out of the co-accused three, namely, Abdur Rehman, Muhammad Amjad and Muhammad Yaqoob were carrying daggers and the other two namely, Boota and Abdullah were carrying sotas Abdur Rehman opened the attack and caused an injury with his dagger to Mubarak Ali deceased, felling him down. Muhammad Amjad and Muhammad Yaqoob caused injuries to Muhammad Tariq with their respective weapons. He also fell down. Two persons, namely, Muhammad Aslam and Muhammad Rafique who were standing nearby intervened to separate the parties when Abdur Rehman caused him injuries with his dagger. Subsequently, Boota, Abdullah and Tahir Maqbool, petitioner, caused injuries with their sotas to Mubarak Ali deceased and Muhammad Tariq after they had fallen down. After the occurrence the petitioner and his co-accused fled away. The deceased succumbed to the injuries when he was being carried to the hospital.

4. Motive for the attack allegedly was a dispute over the elections of Students Union in Shakargarh College. The deceased and Muhammad Tariq had opposed Abdur Rehman co-accused who was the Joint Secretary of the Students Union.

5. The bail of the petitioner is sought on the grounds that- personally be had no direct motive to kill the deceased, that he did not open the attack that the only allegation against him is that he caused injuries with the sota to the deceased and Muhammad Tariq after they had fallen down on receipt of injuries from his co-accused and that the case against him calls for further inquiry.

6. The allegation that the petitioner caused injuries with his sota to the deceased is not fully borne out from the post-mortem report, according to which at the time of autopsy the injuries found on the dead body comp rised and incised wound caused by a sharp-edged weapon and four abrasions which were `caused by falling and friction against rough surface". The injuries sustained by Muhammad Tariq were declared as simple According to the F. I. R itself, only Abdur Rehman, co-accused of the petitioner, could have a grudge against the deceased and Muhammad Tariq as they allegedly opposed him in the elections of the Students Union. It is not alleged that the petitioner also contested the elections. In these circumstances especially the fact that the role attributed to the petitioner in respect of the injuries to the deceased is not fully supported by the post- mortem report, case against him calls for further inquiry.

7. In the result, this application is accepted and the petitioner is admitted to bail in the sum of Rs. 10,000 (Rupees ten thousand only) with two sureties each in the like amount to the satisfaction of A. C. Shakargarh. M. Y. H. Bail granted.