1987 PLP 1237 (MLD)

Rao Hamid Mukhtar Khan for Petitioner. Kh. Ghulam Qadir for the State. Date of hearing: 21st February, 1987. This is a petition under section 497/498, Cr.P.C. by Ijaz alias Jaji, petitioner, for bail in respect of a case instituted against him and two others under section 307/323/365/504/506, P.P.C. at Police Station Alipur Chatha, District Gujranwala, on 2-10- 1986.

2. The prosecution case in brief is that on 30-10-1986 at 7-00 a.m. Qamar-uz-Zaman, complainant who was travelling in a bus from Adda Shahoki to Wazirabad, was pulled down from the bus by Irshad alias Shada, co-accused, who was armed with a pistol, who searched the pockets of the complainant, after pointing the barrel of his pistol at his temple. Ijaz petitioner, who was armed with a carbine, inflicted two/three blows on Qamar-uz-Zaman, complainant, with the butt-end of his carbine on his back. Irshad; co-accused, then took up a Soti from some person and inflicted two/three injuries on the complainant on his back and other parts of his body. Zubair, co-accused, who was armed with a dagger, inflicted two/three injuries on the complainant with his fists. All the four, accused then dragged the complainant towards the railway crossing gate and injured him with their fists. Then they took him to the Dera of Irshad, co-accused, where they tied his hands and feet. Then they sent for a barber and got shaved half the hair on his head, half of his moustaches and half of his beard. Then they again injured him with their fists and untied him and then freed him, after propouncing that he had been sufficiently punished for levelling complaints against bus drivers/conductors. It was also alleged in the F.I.R. that Irshad, co-accused, was a Badmash of Basta Alif.

3. I heard the arguments of the learned counsel for the petitioner and the state and have also perused the police file. The petitioner is only alleged to have inflicted two three blows to Qamar-uz-Zaman, complainant, with the butt-end of his carbine. However, the carbine was not recovered from the petitioner. All the injuries on Qamar-uz-Zaman, complainant were found to be simple. Since no recovery has been effected from the petitioner and he has also been behind the bars for more than three months, I would release the petitioner on bail.

4. For the foregoing reasons, this petition is accepted and Ijaz alias Jaji, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees twenty thousand (Rs. 20,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner Wazirabad. S.A./I-25/L Bail allowed.