1999 P Cr (PLP)

Malik Muhammad Shabbir Langarial for Petitioner. Mian Kamran Bin Latif for the State. Wali Muhammad petitioner seeks bail in case F.I.R. No. 150 of 1998, dated 11-4-1998, under section 302/324/34, P.P.C., registered with Police Station Gaggo, Tehsil Burewala, District Vehari, lodged at the instance of one Muhammad Rafiq.

2. The prosecution version as narrated in the F.I.R. is that Muhammad Rafique has three brothers namely Muhammad Rasheed, Muhammad Latif and Muhammad Siddique, who live in one house. On 11-4-1998 Muhammad Latif went out of the house when he was encountered by the petitioner and his three sons, the petitioner was empty-handed while his sons Abdul Ghaffar was armed with Barchha, Muhammad Javaid with Kuihara and Muhammad Sabir with Kulhari. Wali Muhammad shouted a Lalkara towards Muhammad Latif that he would not be spared, whereupon on the hue and cry of Muhammad Latif and Muhammad Siddique his brother and Javaid Ahmad nephew also reached the spot. Muhammad Javaid opened the attack with the blow of Kulhara which hit Muhammad Latif on his head followed by Abdul Qadir who gave Barchi blow on the neck and shoulder of Latif. Javed Ahmad nephew of the first informant tried to rescue Muhammad Latif, whereupon Wali Muhammad held him in Japha facilitating Abdul Ghaffar to stab Javaid in his abdomen. Ghulam Sabir also gave a Kulhari blow which caused injuries to Javaid on his shoulder. Muhammad Siddique also wanted to rescue the injured, whereupon Ghulam Sabir gave him a Kulhari blow, Muhammad Javaid injured Muhammad Siddique with his weapon on his head. The witnesses arrived and thereafter, the accused alongwith the petitioner dispersed taking their weapons alongwith them. Motive for the occurrence is stated to be the illicit connections of Abdul Ghaffar accused with Mst. Kausar Parveen daughter of Rasheed, brother of the complainant, which was known to them about a year back upon which beating was given to Abdul Ghaffar.

3. Learned Additional Sessions Judge, Vehari, dismissed the post-arrest bail of the petitioner on 14-11-1998.

4. Learned counsel contends that the role attributed to the petitioner is that of Lalkara and Japha to Javaid Ahmad, who was seriously injured. It is yet to be determined whether his case falls under section 34, P.P.C. The petitioner is behind the bars since 22-4-1998.

5. Learned counsel for the State has stoutly opposed the bail application and has stated that the trial has commenced and further the petitioner facilitated the attack upon Javaid Ahmad.

6. I have attended to the arguments of the learned counsel for the parties The role attributed to the petitioner is that of Lalkara and thereafter, Japha to Javaid Ahmad, who was injured by his co-accused. The role of the petitioner whether it amounts to helping the other accused, is yet to be determined by the trial Court. Suffice it to say that at present I am satisfied that the case of the petitioner falls within the ambit of further inquiry. Consequently, the petitioner is enlarged on bail, provided he furnishes security in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the trial Court. N.H.Q./W-43/L Bail granted