MUHAMMAD RAFIQUE Versus STATE

ORDER

The two petitioners, namely, Muhammad Rafique and Ghulam Farid alongwith five others were reported against at Police Station Dunyapur as they having armed themselves with deadly weapons formed unlawful assembly and in prosecution of their common object made murderous assault and inflicted grievous/simple hurt to Elahi Bakhsh and Lutf Khan P.Ws. The petitioners as well as their co-accused applied for grant of pre-arrest bail in the Court of Sessions Judge but the same was declined on 16-4-1983, consequently they were arrested. The trial Court, however, granted bail to the petitioners as well as their five co-accused on the ground that no injury on the person of the P.Ws. was found dangerous to life nor seated on any vital part of their bodies. The complainant moved the Court of Additional Sessions Judge praying that the bail granted to the petitioners and their co-accused be cancelled. The learned Additional Sessions Judge vide his order, dated 7-7-1983 accepted the petition of the complainant only against the petitioners and cancelled their bail, mainly on the of and that Muhammad Rafique, petitioner, had used gun while Ghulam Farid, petitioner had wielded hatchet during the occurrence and also they misused the concession of bail by having held out threats to the witnesses. Feeling aggrieved of the said order the petitioners have approached this Court.

2. I have heard the learned counsel for the petitioners as well as for the State and also perused the record.

3. According to the latest developments the hatchet injury attributed to Ghulam Farid, petitioner has been declared simple in nature. As for the gun-shot injuries found on the arms of Lutf Khan P.Ws., the Medical Officer vide his report, dated 6-7-1983 has ruled out the possibility of their having been caused with firearm.

4. In view of the report dated 6-7-1983 of the Medical Officer use of gun in the occurrence has become doubtful and resultantly the participation of Muhammad Rafique, petitioner, in the occurrence would need further inquiry. The injury attributed to Ghulam Farid, petitioner, is neither grievous nor dangerous to life. I have noted in the order of the learned Additional Sessions Judge that the petitioners had refused the allegation of threatening the prosecution witnesses through sworn affidavits.

5. In the circumstances stated above I am inclined to grant bail to the petitioners. This petition is, therefore, allowed. It is directed that the petitioners be released on bail subject to their furnishing a bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Lodhran.

S.G.D. Bail granted.