2001 PLP 1313 (YLR)

Naveed-ul-Hassan son of Hasan Muhammad has filed Criminal Miscellaneous No.3807-B of 2001 while Saeed-ul-Hasan son of Hasan Muhammad, Shahzad alias Sajjad son of Siraj Din, Imran Ahmad Yousaf and Irfan Ahmad Yousaf son of Muhammad Yousaf have filed Criminal Miscellaneous No.4015-B of 2001 to seek their pre-arrest bail in case F.I.R. No. 87 of 2001 dated 25-6-2001 registered at the instance of Muhammad Nawaz. Both the applications are being decided by this order. Precise allegations against the petitioners as per F.I.R. are that on 26-6-2001 at 6 p.m. the complainant on hearing hue and cry went toward the field of Ghulam Haider and saw Naveed-ul-Hassan armed with mouzer, Saeed-ul-Hasan petitioner armed with .222 rifle, Shahzad alias Sajjad armed with mouzer, Irfan Ahmad armed with lathi while their co-accused Muhammad Arshad armed with iron fist were present. Irfan caused injuries with his lathi at Ghulam Haider. Manzoor Hussain also arrived there in a car who tried to intervene on which Irfan also caused lathi blows on different parts of his body. Meanwhile Saeed ul-Hasan petitioner continued firing with his rifle in the air. Muhammad Arkam cousin of the complainant also arrived at the spot to whom Naveed-ul-Hassan petitioner caused fire shots from his mouzer hitting on his left arm. Shahzad Ahmad petitioner also caused fire-arm injuries at Muhammad Akram from his mouzer on his right and left thigh, who fell on the ground after receiving injuries. Irfan Ahmad petitioner caused blows on Arshad from his weapon who fell on the ground after receiving injuries. Muhammad Arshad caused iron fist blow on the face of Noor Begum. The motive for the occurrence as alleged is that litigation about the land is pending between the parties. Learned counsel for the petitioner contends that the petitioners were in possession of the land in dispute and status quo order has also been issued in their favour by the Civil Court; that the injuries on the persons of the accused have been suppressed by the complainant; that Hafiz Hasan Muhammad father of Naveed-ul-Hasan and Saeed-ul-Hasan petitioner has been caused as many as 15 injuries while Saeed-ul-Hasan was caused 7 and Irfan petitioner received 4 injuries in the same occurrence. The complainant party was the aggressor and they tried to interfere in the possession of the petitioner over the land. Conversely the, bail has been opposed by the learned counsel for the complainant and for the State. Heard. Record perused. Petitioner Naveed-ul-Hasan; Saeeda ul-Hasan, Imran and Irfan were also injured in the same occurrence and their injuries have been suppressed by the complainant. Status quo order was also issued in favour of the accused party by the learned Civil Court. After giving due consideration to all the circumstances of the case, pre-arrest bail already granted to the above named four persons is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judl)'of this Court. However, the case of Shahzad alias Sajjad is distinguishable as he was armed with mouzer and caused fire-arm injuries on the person of Muhammad Akram who prima facie exceeded the right of self-defence, therefore, he is not entitled for pre-arrest bail and application to his extent is dismissed. H.B.T./N-106/L Order accordingly.