1994 P Cr (PLP)

Khadim Hussain Bhatti for the State. Sardar Shaukat All for the Complainant. Date of hearing: 5th December, 1993. Muhammad Tufail, petitioner herein, has applied for grant of bail in case F.I.R. No.3G/93, dated 19-2-1993, under section 302/324/34, P.P.C. registered at Police Station Chhanga Manga, District Kasur, at the instance of Muhammad Fayyaz.

2. According to the F.I.R., the "Baithak" of the complainant is in front of the shop of the petitioner. Both the parties are said to be locked in criminal litigation. On the morning of the day of occurrence i.e. 19-2-1993 a quarrel had taken place between Muhammad Riaz, brother of the complainant and Muhammad Tufail, petitioner but due to the intervention of the villagers, the matter was hushed up. Muhammad Tufail, however, went away issuing threats to Riaz that he would avenge his insult. The same evening the complainant alongwith his brothers Muhammad Ramzan and Muhammad Riaz were busy talking in their "Baithak" when Muhammad Tufail, petitioner, armed with .12 bore gun, his son Akhtar armed with double-barrel gun and Afzal and Aslam armed with Sotas came there and raising Lalkaras fell on them. Akhtar fired two shots at Muhammad Riaz who was hit in the back and fell down. Muhammad Tufail, petitioner, fired two shots at Muhammad Ramzan which hit his both legs. The complainant and Ramzan acting in self-defence caused Sota blows to the petitioner. In the meantime, the witnesses and other villagers arrived whereupon the accused made good their escape. It may be mentioned that Muhammad Riaz ultimately succumbed to the injuries on the spot.

3. During the investigation, the petitioner appearing on 18-5-1993 putforth counter-version of the occurrence before the police saying that at the relevant time he was standing in front of his shop while Riaz (deceased) and his brother Fayyaz alongwith 2/3 persons were sitting in their "Baithak". Riaz hurled abuses at him saying that why he was staring at them? He also returned the abuse. However, the villagers intervened and separated them. In the evening at 7-30 p.m. He brought food for his son to his shop. After delivering the food he was standing outside the shop when Muhammad Riaz armed with .12-bore gun, his brothers Muhammad Riaz and Muhammad Fayyaz armed with Sotas, Muhammad Abbas armed with rifle, Kherat Ali armed with gun, Muhammad Siddique armed with Sota and Malangi armed with a gun rushed at him. Muhammad Riaz exhorted his companions to make him taste their enmity and he be done away with, whereupon they assaulted and injured him. According to medical evidence he suffered rive injuries. His both legs were fractured and he also suffered injuries on the head and chin.

4. It may be mentioned that the police without registering a separate case at the instance of Tufail submitted challan against both the parties i.e. Muhammad Tufail, petitioner, alongwith his sons Afzal, Aslam, Akhtar and Parvez have been challaned for the murder of Riaz and causing injuries to his party-man whereas members of the opposite party namely Ramzan, Abbas, Kherat and Malangi have been separately challaned under section 337-A, P.P.C. besides Muhammad Siddique and Fayyaz who are absconding. The petitioner's bail plea was declined by the lower Court, hence this petition.

5. I have heard learned counsel for the petitioner as well as for State assisted by learned counsel for the complainant and have also perused the record.

6. Both parties, stand challaned on the basis of cross-versions regarding same occurrence. Tufail, petitioner, did not cause any injury to the deceased in this case, whereas his both legs were fractured during the transaction. I, therefore, feel inclined to allow bail to him. He shall be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Kasur. N.H.Q./M-1385/L?????????????????????????????????????????????????????????????????????????????? Bail granted.