MUHAMMAD HASSAN Versus THE STATE

ORDER

1. Muhammad Hassan petitioner has moved this petition for bail in a case registered against him and others under Sections 148/302/307/342/201 and 149, P.P.C.

2. In the occurrence which took place on 19‑7‑1987, three persons namely Khair Din, Noor Ahmad and Abdul Khaliq suffered injuries as a result of which aforesaid Abdul Khaliq died at the spot. According to the post‑mortem report he had only one fire‑arm wound of entry going deep into the skull. This injury is attributed to the petitioner. A small part of pallet was found in the said injury.

3. Learned counsel for the petitioner contends that the ocular version is contradicted by the medical evidence in that the petitioner was alleged to be armed with rifle but the recovery of pellet indicates that the injury had been caused by a gun. He further submits that the petitioner and his co‑accused Muhammad Tufail who was allegedly armed with a .12 bore gun had been found innocent during the investigation and another accused namely Najmul Hassan who was also allegedly armed with .12 bore gun has since been discharged having been found innocent during the investigation. Learned counsel for State has opposed the prayer for bail.

4. I have considered the submissions made at the bar in the light of the material available on the record. The case was investigated by Rashid Murtaza, DSP, Depalpur. During investigation he came to the conclusion that the accused party was in possession of the disputed land. The complainant party wanted to forcibly occupy it and for that purpose they engaged some unconcerned persons including the deceased who was a resident of village Rajowal. The deceased and his companions were proceeding towards the disputed land. The accused namely Qadir Bux, Kala, Muhammad Amir, Muhammad Ashraf, Sher Ali, Jaffar, Ghulam Nabi, Muhammad Ashiq and Mukhtar Ahmad (last mentioned 7 persons are not named in the FIR) were already sitting at Chah Rakkar Wala. On seeing the deceased and his companions they fired towards them as a result of which Abdul Khaliq deceased suffered injury. It has been further stated in the Zimni dated 22‑11‑1987 that the petitioner had reached the spot after the occurrence was over. In this case one of the accused namely Najmul Hassan has since been discharged and the petitioner and his co‑accused Muhammad Tufail, who has since been released on bail by this Court, have been shown in column No: 2 of the challan. Seven other persons who were not named in the FIR have been placed in A Column No. 3 alongwith Qadir Bux and Kala aforesaid. The findings of the Investigating Officer are supported by sufficient material. In the circumstances I feel inclined to the view that the case against the petitioner needs further enquiry. Accordingly, I admit him to bail in the sum of Rs. 50,000 with two sureties in the like amount to the satisfaction of A.C/Duty Magistrate, Okara.

5. M.Y.H./M‑536/L

6. Bail allowed.