BARKAT ALI Versus ISHAQUE

ORDER

This order will dispose of Criminal Miscellaneous No.3650/C-B of 1993 and Criminal Miscellaneous No.3649/C-B of 1993 as these relate to the same F.I.R.

2. The occurrence took place at 5-30 p.m. on 20-5-1993 wherein Rashid deceased, the son of Barkat Ali, complainant/petitioner, his wife Parveen and son Nadeem were physically molested and injured, ostensibly with bricks, kicks and fist blows, over the dispute of a house with respect to which civil litigation was going on between Shaukat respondent on the one hand and the complainant's family on the other.

3. Rashid went unconscious at the spot, was taken to the hospital and soon expired. The F.I.R. was lodged at 7-00 p.m.

4. The version as to the actual. occurrence, leaving the details as to the motive and the civil litigation, is that when the respondents came to pull down the fresh construction raised on the roof of the house which was in dispute, Rashid, Parveen and Nadeem resisted and firstly they were given bricks blows, then Rashid was pulled down on the Lalkara of Ishaq, Taj Din and Ramzan respondents and severely given kicks and fist blows by Shaukat, Ramzan and Shabbir respondents. The doctor observed six injuries on the person of the deceased in post-mortem report and when read out in Court to me some of these seem to be multiple. The visceras were sent to the Bectrologist and the report was that due to psychological strain and trouble in the heart, the death was accelerated.

5. Ishaq, Taj. Din and Ramzan were granted bails before arrest and Shaukat Shabbir and Ramzan bails after arrest by Mr. Saghir. Ahmad Qadri, Additional Sessions Judge, Lahore. 'Before proceeding further a note of caution and warning to the Additional Sessions Judge that in bail matters the ultimate merits are not to be discussed. He has written a sort of lengthy judgment coveting all the aspects of the case, he should be careful in future. The remarks recorded be conveyed to him and placed on his record.

6. The police found Ishaq, Taj Din, Ramzan and Katru as innocent. Riaz was not originally named is the F.I.R. nor his identification. parade was held. Hence, so far as these respondents are concerned, the petition for cancellation of bails is dismissed.

7. So far as Shaukat and Shabbir, respondents are concerned, they are relatives inter se. They had the motive i.e. of dispute of the house in civil litigation and it were 'they who gave the kicks and fist blows to the deceased resulting or leading to the death of the deceased prima facie. The occurrence seems to have been reported in the natural manner as the inmates of the house Rashid, Parveen and Nadeem were injured. Without appreciating as to what actually would be the offence, there was no ground to grant bail to Shaukat and Shabbir at this stage. The petition to that extent is accepted and bail granted to them (Shaukat Ali and Shabbir) is hereby cancelled. They be taken into custody and sent to judicial lock-up.

N.H.O./B-115/L , Order accordingly.