1999 PLP 3302 (MLD)

Muhammad Hanif Saleemi for the State. Petitioners are accused in case F. I. R. No. 77, dated 11-4-1997 wider section 302/324/148/149, P. P. C., Police Station Bhera, District Sargodha.

2. The incident took place on 11-4-1997 at 10-30 a.m. and a criminal case was registered at the instance of Muhammad Nazir. According to the complainant, he alongwith Ahmad Khan, Bashir, Lala was present in the fields when 13 persons including the petitioners variously armed, came to the spot. Dosa shouted where after Mumtaz fired at Ahmad Khan hitting him on the ilech. Sultan son of Rajada fired at Ahmad Khan hitting him on the nose. Nazir son of Amir also fired at Ahmad Khan. The shot fired by Nazar hit Muhammad Bashir P. W. Muhammad Nazir, the first informant was also hit as a result of firing recoursed to by the accused.

3. The petitioners were arrested and have applied for grant of bail to them

4. It has been argued by the learned counsel that the petitioners were allegedly carrying rifles but all the injuries found on the body of the deceased or the persons of the prosecution witnesses were caused by pellets meaning thereby that the role ascribed to the petitioners was not supported by the medical evidence. It was further contended that the petitioners were present in their own fields and were assaulted upon by the complainant party and in the cross firing which ensued the injuries were received by certain persons from the complainant side and in this view of the matter no offence was committed by the accused. It was further argued that in the investigation conducted, the police came to the conclusion that the petitioners had not fired at any-body and they were present at the spot only. Learned counsel for the State opposed the grant of bail to the petitioners by arguing that they were members of unlawful assembly and hence did not deserve tile concession of bail.

5. The specific role ascribed to the petitioners in the first information report is not supported by the medical evidence inasmuch as no bullet injury has been noted on the body of the deceased or the persons of the prosecution witnesses by the Medical Officer. The petitioners are co-sharers of the land in question, and were also in possession thereof. During the investigation, it has been found that the petitioners were present in the fields and being co-sharers, their presence at the spot would not be an incriminating circumstance. The petitioners are behind the bars for a considerable period of time as well and keeping in view the role ascribed to them and the result of investigation the case of the petitioners is considered to be that of inquiry.

6. The petitioners are allowed bail in the sum of Rs. 2, 50,000 (Rupees two lacs and fifty thousands) with two sureties each in the like amount to the I B satisfaction of Trial Court. N.H.Q./M-1016/L. Bail granted.