1982 PLP 440 (SCMR)

MUSHTAQ HUSSAIN, J.‑On the night between 15/16‑6‑1980 Abdul Ghafoor deceased went to his field. Ali Muhammad, Muhammad Saleem Muhammad Ishaq, Faqir and their co‑accused Muhammad Ramzan were watering their fields. Ghafoor deceased protested. He was accompanied by his brother Nazar Hussain, complainant and others. Ali Muhammad is then said to have raised a lalkara. He was armed with a sickle, Muhammad Ramzan was armed with a kassi, Muhammad Saleem and Muhammad Ishaq were armed with hatchets and Faqir with stick. Ali Muhammad opened the assault and gave three dater blows on the head of the deceased. Ramzan gave a kassi blow to him which hit him on his right shoulder and right collar bone. He fell down and Ishaq hit him on the right knee. Muhammad Saleem gave a hatchet blow which hit the deceased on the finger. Lal Shah, Ghulam Rasool and Shah Muhammad are said to have intervened and received injuries from Faqir with a stick in the bargain. Ghafoor died at the hospital. An F. I. R. was registered on 15‑6‑1980 at 6‑40 a.m. under section 307/148/149, P. P. C. at Police Station Yazman, Tehsil and District Bahawalpur on the statement of Nazar complainant. Ramzan, Saleem, Ishaq and Faqir Muhammad applied for bail to the High Court of Lahore. A learned Judge of that Court admitted Ramzan to bail on 28‑10‑1980. Another learned Judge admitted respondents 3 to 5 to bail by his order dated 12‑11‑1980.

2. On 30‑8‑1980 that is two and a half months after the occurrence a counter case was filed by the respondents. It was, however, dismissed later on. This is an application for cancellation of the bail of respondents Nos. 2 to 5.

3. The learned Single Judge of the High Court granted bail to Muhammad Ramzan on the ground that his name had been shown in Column No. 2 by the Investigating Officer. In the circumstances he was right in accepting the application of Muhammad Ramzan for sufficient weight has to be attached to the result of the investigation particularly when an accused is placed in Column No. 2 on account of it. Muhammad Saleem and Muhammad Ishaq caused one simple injury each on the firs finger and knee of the deceased, while Faqir is said to have inflicted a simple injury with a soti. The main accused in the case Ali Muhammad who was armed with a dater and who inflicted the injuries which caused the death of the deceased, has not been granted bail.

4. We find that the principles on which the two learned Single Judges of the Lahore High Court based their orders are unexceptionable. This petition for cancellation of bail is, therefore, dismissed. Petition dismissed.