Munawar Hussain And Other vs The State

ORDER M-A. ZAFAR, J.- This order will dispose of Crl. M. No. 7249-B of 2008 as well as Crl. M. No. 7672- B of 2008 filed by Munawar Hussain and Muhammad Sarwar petitioners in Crl. M. No. (7249-B of 2008) and Muhammad Anwar petitioner in (Crl. M. No. 7672-B of 2008) seeking prearrest bail in case FIR No. 384 dated 11.6.2008 registered with Police Station, Bhalwal District S.Argodha under Section 337-A(vi), 337-L(ii)/34, PPC regarding the occurrence allegedly taking place on 24.5.2008.

2. That according to the FIR, complainant on 24.5.2008 at 10.00 a.m. Along with Ghulam Mustafa and Ghulam Murtaza was proceeding to cut fodder when they reached near one acre from chak, Muhammad Munawar petitioner who was on .a motorcycle arrived there and started quarrelling with them. When they reached near the Tanki of Abdgi Ghani co-accused, the said Munawar called on phone Muhammad Anwar, Muhammad Sarwar petitioners Abdul Ghani co-accused was armed with hatchet, and the remaining three Anwar,. Sarwar and Munawar were allegedly armed with sotas arrived there on a motorcycle.

Muhammad Anwar inflicted sota blow, which hit on the head near ear lobe of Ghulam Mustafa followed by another blow by Muhammad Sarwar on the head of said Ghulam Mustafa. Abdul Ghani co-accused gave a hatchet blow on The thigh of Ghulam Mustafa thereafter, Munawar gave a sota blow hitting Ghulam Murtaza on his head followed by another blow by Anwar hitting on the right leg near his knee. Thereafter Muhammad Sarwar petitioner gave a sota blow hitting on the right shoulder of Ghulam Murtaza.

3. Learned counsel for the petitioners submits that during the occurrence all the three petitioners were injured and their injuries have been suppressed by the complainant in the FIR and in fact complainant party was aggressor.

4. Learned D.P.G, assisted by the learned counsel for the complainant submits that specific injuries have been attributed to the petitioners an(to the injuries suffered by the accused persons are fabricated and self suffered and thus they are not entitled to extra-ordinary concession of pre- arrest bail.

5. After hearing the learned counsel for the parties and perusing the record, I find that, there is delay of eighteen days in lodging the FIR. Injuries on the accused persons have been suppressed in the FIR which fact prima facie suggests that occurrence has not taken place in a manner as alleged by the prosecution. There are four incised wound and one abrasion on the person of Muhammad Anwar petitioner, .Two injuries on the person of Munawar Hussain petitioner, out of the said two injuries one is incised wound, another is fracture of right thumb and similarly, Muhammad Sarwar petitioner has also one injury on his person with a blunt weapon. Cross version of the accused party was entered in the daily diary vide repeat No. 7 on the very day of the occurrence i.e. 24.5.2008, attributing injuries on the person of Munawar Hussain petitioner with iron-sickle (dranti) by Murtaza hitting him on his right ear followed by hatchet blow from the blunt side to him by Mustafa hitting him on his right thumb. Anwar allegedly received injures at the hands of Mustafa hitting him on his left wrist followed by sota blows to him by Maqsood hitting him on his fore-head.

Anwar was also given two iron sickle blows by Murtaza hitting him on palm of his left hand.

Maqsood accused of the cross version also gave a sota blow to Sarwar hitting on his left leg and the police after due investigation has found Sarfraz, Ghulam Mustafa and Ghulam Murtaza injured of the present FIR. As accused in the cross version recorded at the instance of Muhammad Anwar petitioner and they have been challaned under Section 337-A(ii), 337-L(ii) and 337-A(vi). The complainant party is on bail and in such like cases both the parties have to be kept at par while considering their case for bail. Although the Medical Board in case of Muhammad Anwar gave his opinion about the injuries No. 1 to 4 to be doubtful and on opinion regarding injury No. 5 has been given having healed and similarly in case of Sarwar Medical Board has not given any opinion due to the healing of the injuries. Police during investigation has found. Abdul Ghani co-accused as well as Maqsood accused of the cross version to be the innocent. Injury attributed to Ghani co- accused is not borne out from Medico Legal report of Ghulam Mustafa and similarly injury attributed to Sarwar is not borne out from the Medico Legal report of Ghulam Murtaza. it will be determined at the trial of accused challaned in both versions after recording and evaluating the evidence which party was aggressor.. At present the guilt of the petitioner is matter of further inquiry within the meaning of Section 497(2), Cr.P.C. Resultantly, the present petition is accepted and ad-interim bail granted to Munawar Hussain and Muhammad Sarwar petitioners vide order dated 15.8.2008 is confirmed. Muhammad Anwar petitioner in Crl. M. No. 7672-B-08 is also granted pre-arrest bail in this case.

All the three petitioners are directed to furnish bail bonds in the sum of Rs. 50,000/- each with two sureties- each in the like amount to the satisfaction of the learned Alea Magistrate within fifteen days.