1985 P Cr (PLP)

‑‑‑S.497‑‑Penal Code (XLV of 1860), S, 302/307/148/149/436‑‑Bail‑ Accused, who had been admitted to bail by Sessions Judge, alleged to have fired indiscriminately‑‑Accused armed with spear and Sota and their case standing on a better footing than those who had been admitted to bail‑‑Petitioners released on bail in circumstances. Syed Ehsan Qadir Shah for Petitioners. Sarfraz Hussain for the State. Zafar Hayat and Khizar Hayat petitioners have moved this petition for bail in a case registered against them and others under sections 148, 436, 302 and 307/149, P.P.C. The occurrence took place on 8th October, 1984 at Jhukki Degarwela. F.I.R. was lodged the same day at 8 p.m. by Dost Muhammad complainant wherein he alleged that while going to his house in the company of his nephew Ahmad Sher, he saw Asim, Omid Ali, Amir, Aslam, Nur and Abdul armed with guns, Zafar Hayat petitioner with a spear and Khizar Hayat petitioner with a Sota at the Bethak of Amanat Hussain having set fire to the Chhapper of his Dera. Sardar Bakhsh armed with a .12‑bore gun, and his sons Ashfaq, Tariq and Mushtaq were also present in the same lane near their Dera. Asim etc. fired towards them but the fire hit his nephew Ahmad Sher in the forehead, as a result of which he died at the spot. Another shot coming from the same side hit Taufiq Ahmad P.W. who was going in the street.

2. The learned counsel for the petitioners contends that no overt act has been attributed to the petitioners and their case is definitely on a better footing than that of Aslam, Nur and Abdul who have been admitted to bail by the learned Sessions Judge. The learned State counsel has opposed the prayer for bail.

3. I have gone through the relevant material. In the order, dated 12th February, 1985 the learned Sessions Judge has observed that the complainant had not seen the accused putting the Chhappar on fire. Aslam, Nur and Abdul who have been admitted to bail by the learned Sessions Judge are alleged to have fired indiscriminately. Zafar Hayat and Khizar Hayat petitioners were armed with spear and Sots, respectively, and their case stands on a better footing than those who have been admitted to bail. I, therefore, admit them to bail in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Sargodha. M. A. K. Bail allowed.