2006 PLP 1906 (YLR)

IFTIKHAR HUSSAIN CHAUDHRY, J.

Case F.I.R. No.358 dated 24-11-2001 under sections 324/ 337-A(ii), P.P.C. was registered at Police Station Kot Samaba District Rahimyarkhan on the report of Muhammad Ashraf. According to complainant he proceeded to Rahimyarkhan along with his daughter and a neice and when he reached in the case of Basti Panwaran, 4 persons astride a motorcycle came from behind and gave club blows to him. Sumera aged 9/10 years was also injured. The accused were named by the complainant as Zulfiqar alias Bhutto, Iqbal, Rasool Bakhsh and Abdul Qadeer.

2. Motive for the incident was stated to be that complainant got registered a case under section 392, P.P.C. in which Rasool Bakhsh was found to be a suspect by the brotherhood and he was also subjected to damages and for that grievance had committed the offence.

3. Petitioner seeks post-arrest bail. It has been contended that only one injury on the head of complainant was noticed in the course of investigation but as many as 4 persons were involved in the case and it could not be said with certainty as to which of the accused had committed the offence. It was submitted that it was established in the course of investigation that only three persons had taken part in the incident and Muhammad Akmal one of the persons was named in the F.I.R. as eye-witness had supported the prosecution case to this extent only and that he has not supported the prosecution case to the involvement of Rasool Bakhsh. Muhammad Akmal present in Court has also submitted that Muhammad Ashraf belonged to his brotherhood and he would submit with full responsibility that Rasool Bakhsh was not present when the complainant was belaboured by other accused.

4. Learned counsel for State and complainant seriously opposed the prayer made by the petitioner. It was submitted that petitioner was incapacitated on account of injury received, and had his arm and leg fractured and remained admitted in hospital for a month or so and case against the accused inter alia for offence under sections 324 and 336, P.P.C. was made out and three of the accused are still absconders and petitioners did not deserve the concession of bail.

5. The medical reports in respect of complainant indicate numerous pathologies which resulted on account of assault on the complainant. The complainant, however, has involved four persons. Only one injury was noticed on his parietal region by the medical officer. Present position of record does not indicate with certainty as to which A of the accused had caused that injury. Muhammad Akmal an eye-witnesses has supported innocence of the petitioners as well. Case of the petitioner under the circumstances is considered to be that of further inquiry.

6. Petitioner is allowed bail in the sum of Rs. One Lac with two sureties each in the like amount to the satisfaction of trial Court. H.B.T./R-173/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.