MUHAMMAD YUSUF Versus STATE

ORDER

Ghulam Ali and Mahbub Ali petitioners have moved this petition for bail in a case registered against them and others under sections 148, 302 and 307/149, P.P.C.

2. The prosecution version is that on the night between 28/29th May, 1984, Ghulam Ali petitioner armed with a gun, Mahbub Ali petitioner armed with a Sots, their co‑accused armed with a knife, gun and Sotas attacked and injured Ahmad deceased and Saee P.W. co‑accused Ahmad gave a knife blow to Ahmad deceased and the remaining accused caused him injuries with Sotas and Butts of guns. They also caused injuries to Saee P. W. Then all the accused dragged Ahmed and Saee to the Dera of Ahmad accused where Riaz and Manzur fractured both the legs of Ahmad. Co‑accused Bati and Mahbub Ali petitioner took Saee P.W. into their hold and the accused armed with Sotas caused him injuries. Muhammad Yar, and Ghulam Ali petitioner started firing in the air and after the occurrence all the accused fled away from the spot. Ahmed succumbed to his injuries in the Haveli of co‑accused Ahmed.

This petition was admitted to hearing to consider the contention raised by the learned counsel that the petitioners were found innocent during the investigation and their case was at par with that of co‑accused Bati who had already been admitted to bail by this Court. This ground was also taken in the petition. Perusal of the file, however, shows that only co‑accused Bati was declared innocent and all the remaining accused including the present two petitioners have been challaned.

3. The learned counsel for the petitioners contends that no specific overt act has been attributed to Ghulam Ali petitioner and the only part assigned to Mahbub Ali petitioner is that he caught hold of Saes P.W., therefore, they are entitled to the concession of bail. The contention is misconceived. In the F.I.R. it is clearly stated that all the accused caused injuries to Ahmad and Saee with Sotas and Butts o guns and then dragged them to the Dera of Ahmed accused where Ahmed succumbed to his injuries. The dead body of Ahmad was found lying in the Haveli of co‑accused Ahmad. In the circumstances, I do not consider it a fit case for the grant of bail. The petition is dismissed.

S. A. Petition dismissed.