1992 PLP 1899 (MLD)

(c) Criminal Procedure Code (V of 1898)

S.497

Penal Code (XLV of 1860), S.302/324/148/149 [as substituted by Criminal Law (Fourth Amendment) Ordinance (XXX of 1991)]--Bail

Bail application of accused could not be considered as he was stated to be not under arrest. Syed Ehtesham Qadir Shah for Petitioners. Abdul Khaliq for the State. Rab Nawaz, Mirza son of Ali Muhammad, caste Machhi, Mohri, Maqbool alias Kool, Mirza son of Ali caste Muslim Sheikh and Toora stand charged with murder of Maula Bakhsh deceased and for murderously assaulting Muhammad Anar with fire-arms an 10-1-1991. Rab Nawaz, Mirza son of Ali, caste Machhi and Mohri petitioners were allegedly armed with fire arms. They are stated to have caused injuries to the deceased and Muhammad Anar P.W. Maqbool alias Kool, Mirza son of Ali, caste Muslim Sheikh and Toora-were allegedly accompanying Rab Nawaz petitioners etc. while carrying sticks. They are not alleged to have injured anybody. It is stated that during investigation Khushi Muhammad complainant filed a private complaint in which the petitioners have been summoned and admitted to bail by the learned trial Court on the ground that in the first instance bailable warrants of arrest had been issued against them in the complaint case. Bail is urged on the ground that after the grant of bail in the complaint case there was no justification for withholding bail to the petitioners in the challan case. The petitioners were not allowed bail in the complaint case on merits but on the ground that bailable warrants had been issued against them in the first instance but now in the police challan case they are seeking bail on merits also. Rab Nawaz, Mirza son of Ali Muhammad caste Machhi and Mohri are alleged to have caused fire-arms injuries to the deceased and Muhammad Anar P.W. This being the position they are not considered entitled to bail at this stage. Accordingly, I dismiss their application. However, the case of Mirza son of Ali Muhammad, caste Muslim Sheikh and Toora appears to be distinguishable because they are not alleged to have caused any injury to anybody. They were carrying sticks while the deceased and Muhammad Anar P.W. suffered fire-arms injuries. Considering their case to be one of further enquiry, I admit them to bail in the sum of Rs.50,000 with two sureties each the like amount to the satisfaction of Addl. Sessions Judge, Bhalwal. The application of Maqbool alias Kool cannot be considered because he is stated to be not under arrest. The learned trial Court is directed to expedite the trial. N.H.Q./R-32/L Order accordingly.