1994 P Cr (PLP)

Malik Abdul Sattar Chughtai for the Complainant. Sultan Mahmood for the State: Date of hearing: 21st November, 1993. Abdul Aziz, Muhammad Hanif, Ibrar Hussain and Muhammad Iqbal alongwith five others are charged with the murder of Munir Ahmad deceased and for making a murderous assault on Ziaul Haq and Abdul Haq P.Ws.

2. The prosecution case is that in the morning of 31-12-1992, Dilshad son of Sardar and his nephew Ziaul Haq were playing football in the street. Abdul Aziz, Muhammad Hanif and Ibrar Hussain petitioners objected to it and gave beating to Dilshad and Ziaul Haq. On the alarm, Sardar Muhammad complainant reached there. A physical altercation ensued between the parties. Muhammad Hanif and Ibrar gave stick blows to Sardar Muhammad while Abdul Aziz gave a hatchet blow to him. Sardar Muhammad snatched a stick from one of them and assaulted them. On the alarm, the people gathered there who separated them. Later, Sardar Muhammad complainant, Nazir Ahmad and Muhammad Tariq set out for the hospital and when they just came out of the street, Inamul Haq, Iqbal and Ibrar Hussain armed with guns, Iqrar armed with a pistol, Javed armed with a rifle, Shafique, Khalil and Abdul Aziz armed with sticks came there and challenged them. In the meantime, Munir Ahmad deceased and Abdul Haq P.Ws. also arrived there. On the Lalkara of Inamul Haq, the accused carrying fire-arms opened firing at Sardar Muhammad etc. The shot fired by Muhammad Iqbal petitioner hit the deceased who fell injured. Thereafter, lbrar petitioner fired at Abdul Haq P.W. hitting him on the left flank. The occurrence was witnessed by Nazir Ahmad and Muhammad Tariq. The accused ran away while firing at Sardar Muhammad etc.

3. During investigation, the accused party got recorded statements implicating Sardar Muhammad, Sajjad, Ziaul Haq, Jamal-ud-Din, Abdul Haq, Dilshad and Munir Ahmad deceased. Resultantly, the police also challaned them under sections 148, 324/149, P.P.C. for causing injuries to Inamul Haq, Muhammad Hanif, Abdul Aziz and Ibrar Hussain with sticks, hatchets and .12 bore gun.

4. Learned counsel for the petitioners does not press the bail application of Muhammad Iqbal petitioner, for he is alleged to have caused fire-arms injuries to the deceased. As regards Abdul Aziz, Muhammad Hanif and Ibrar Hussain petitioners, it is contended that it is a case of two versions and some of the co-accused of the petitioners have already been admitted to bail by this Court on 27-9-1993 in Criminal Miscellaneous No.3134/B of 1993.

5. Learned counsel for the State and the complainant have vehemently opposed the application for the grant of bail to Abdul Aziz, Muhammad Hanif and Ibrar Hussain, petitioners. According to them, the case of Iqrar, Javed Shafique and Khalil is distinguishable from the petitioners because they were not alleged to have caused any injury to the deceased or any injured P.W., whereas specific roles have been attributed to the petitioners.

6. The petitioners are alleged to have participated in both the parts of the occurrence. In the first part, Sardar Muhammad and Ziaul Haq were injured while in the latter part, Munir Ahmad was done to death. The petitioners are alleged to have taken active part in the occurrence. Furthermore, the trial is reportedly commencing from today. In these circumstances, they are not considered entitled to bail at this stage. Accordingly, their application is dismissed. N.H.Q./A-540/L Bail refused.