1997 PLP 1371 (MLD)

Muhammad Munir Peracha for Petitioners. Qazi Ahmed Naeem Qureshi for the State. Petitioners seek bail in a case registered against them at Police Station Fateh Jang vide F.I.R. No.153, dated 23‑5‑1995 for offences under sections 302/34/337‑F(i), P.P.C.

2. Petitioner Muhammad Saeed is the father‑in‑law of Allah Yar complainant while Muhammad Hameed petitioner is brother‑in‑law (son of Muhammad Saeed). On account of some estrangement between the spouses, wife of the complainant left the house of his husband. Her father and brothers, allegedly came to the complainant's house to admonish him for his misconduct with his wife. There was some altercation as a result of which the complainant was given beating. Abdul Waheed gave a Lathi blow on the left shoulder. There is allegation of general beating by other accused as well. On hearing alarm raised by the complainant his brother Muhammad Sabir who was living in the adjacent house came there and tried to intervene. Abdul Waheed allegedly held Muhammad Sabir by the neck and threw him on the ground. Thereafter, Muhammad Ilyas and Abdul Waheed beat him with their feet, fists and Dandas. The injuries suffered by him resulted into his death.

3. Learned counsel for the petitioners submits that it was a family dispute and on the face of it there was no intention on the part of the accused party to kill Muhammad Sabir. So far as the present petitioners are concerned there is absolutely no allegation that they caused any injury to the deceased. They are also not alleged to have specifically caused any injury to the complainant. In these circumstances, it is contended by the learned counsel for the petitioners that it is a case of further inquiry, so far as the petitioners are concerned, whether they had any intention to cause death of Muhammad Sabir or they had actually caused any injury to the complainant.

4. Learned counsel for the State opposes the bail application and submits that the challan has already been submitted end a person has lost his life. Therefore, the bail should not be granted.

5. I have considered the arguments raised by the learned counsel for the petitioners and the State. It was rather a matrimonial dispute which resulted in the tragic death of the brother of the complainant. Prima facie, there appears to be no intention on the part of the accused to kill Muhammad Sabir. There is no allegation that the present petitioners caused any injury to the deceased or any specific injury to the complainant. In my opinion, there are no reasonable grounds for believing that the petitioners are guilty of committing the offence alleged against them. Accordingly, they are allowed bail in the sum of Rs.50,000 (Rupees Fifty thousand only), with one surety each, in the like amount, to the satisfaction of A.C., Attock.

6. Anything said herein will not in any way prejudice the prosecution case at the trial. N.H.Q./M‑2573/L Bail allowed.