1988 P Cr (PLP)

Malik Farrukh Mehmood for Petitioner. Haji Riazuddin Ahmad and Malik Ghulam Farid for Respondents. This application has been filed by Muhammad Sadiq complainant for the cancellation of the bail granted to Muhammad Azeem, Muhammad Hassan and Zafar Iqbal respondents on 27‑10‑1987 by the Additional Sessions Judge, Bahawalpur in case under section 302/148/149, P.P.C registered at P.S. Abbas Nagar vide F.I.R. No.69/87.

2. The prosecution case is that the respondents alongwith three co‑accused duly armed with sotis waylaid Muhammad Saeed, caught hold of him near the dera of Ghulam Nabi situate in Chak No. 6/B‑C, took him to the dera of Zafar Iqbal respondent and put him on the ground, Muhammad, Azeem and Muhammad Hassan respondents caught hold of his arms and legs and the co‑accused other than Zafar Iqbal caused as many as 22 injuries resulting in his death.

3. Learned counsel for the petitioner submits that the learned Additional Sessions Judge has granted bail to the respondents on wrong facts, that the respondents had actively participated in the occurrence and that the case was fixed for hearing on the date when the bail was allowed by the learned Additional Sessions Judge. Conversely the learned counsel for the respondents have supported the order of the learned. Addl. Sessions Judge.

4. I have considered the submissions made by the learned counsel for the parties. I feel persuaded to agree with the learned counsel for the petitioner to the extent of Muhammad Azeem and Muhammad Hassan respondents. I find that they alongwith three co‑accused had ambushed themselves; that they caught hold of Muhammad Saeed when he reached near the dera of Ghulam Nabi: that they forcibly took him to the dera of Zafar Iqbal; that they caught hold of the deceased from arms and legs in order to facilitate the infliction of injuries by the co‑accused; that they are named in the F.I.R. and that the two reasons given by the learned Addl. Sessions Judge in support of his order are factually incorrect inasmuch as the injuries of Muhammad Azeem had been explained in the F.I.R. and the murder case was actually fixed for hearing before him on the date when he granted the bail. It is really strange that although the learned Additional Sessions Judge had framed charge against the accused on the same date yet he stated in his order that the trial of the case has not yet been started.

5. As for Zafar Iqbal respondent, as his name was not mentioned in the F.I.R. so no exception to grant of bail to him can be taken.

6. For what has been said above, the bail granted to Muhammad Azeem and Muhammad Hassan respondents by the learned Additional Sessions Judge, Bahawalpur vide his order dated 27‑10‑1987 is cancelled. They shall surrender themselves before the trial Court immediately. In case they do not surrender themselves within three days, the trial Court shall issue warrants for their arrest and detention in the jail as under trial prisoners. The application to the extent of Zafar Iqbal respondent is dismissed. S.A./M‑727/L????????????????????????????????????????????????????????????????????????????????????? Order accordingly.