NOOR MUHAMMAD Versus STATE

ORDER

Noor Muhammad, petitioner, alongwith his son Muhammad Zahid and nephews Khuda Bakhsh and Aman Ullah have been arrested for having attacked and injured Zubair P.W. on 31‑10‑1986 due to the reason that Khuda Bakhsh and Aman Ullah suspected him as having illicit connections with their sister. According to the prosecution Khuda Bakhsh, Aman Ullah and Muhammad Zahid caused injuries to Zubair P.W. with hatchets while Noor Muhammad, petitioner, had used Sota. The doctor found 23 injuries on the person of injured P.W. out of which 6 injuries were caused with sharp‑edged weapon including one grievous hurt involving fracture of his left ulnar bone and the remaining 17 injuries caused with blunt weapon included an injury under which tibia of right leg was found fractured. Khuda Bakhsh, Aman Ullah and Muhammad Zahid, co‑accused of the petitioner, have been allowed bail by the Ilaqa Magistrate on the ground that the grievous hurt found on the left arm of Zubair had not been specifically attributed to any of them, but declined the same relief to the petitioner. The petitioner remained unsuccessful in obtaining bail from the Sessions Judge as well, hence this application.

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

3. It is stated in the F.I.R. that Khuda Bakhsh, Aman Ullah and Muhammad Zahid, co‑accused, also used their hatchets from the blunt, side on Zubair P.W. The F.I.R. does not show that the right leg of Zubair was fractured as a result of blow given by Noor Muhammad, petitioner. Furthermore, the motive for attacking Zubair lies with Khuda Bakhsh and Aman Ullah co‑accused, who have already been allowed bail. In the circumstances, I find that the case of the petitioner is identical with his co‑accused who have already been enlarged on bail and, therefore, applying the rule of consistency, I allow this petition. He shall be released subject to his furnishing bail bonds in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Taunsa.

S.G.D./N‑34/L Bail granted.