UMAR HAYAT KHAN Versus THE STATE

ORDER

The petitioner Umar Hayat Khan son of Muzaffar Khan, who is involved in a case under section 307/452/148/149, P.P.C. arising out of F.I.R. No. 365 dated 4‑12‑1987, registered at Police Station City Mianwali, seeks to be released on bail.

2. It has been alleged that on account of election rivalry, the petitioner and his six co‑accused, namely, Amir Abdullah Khan, Muzaffar Khan, Muhammad Aslam Khan, Muhammad Amir Khan, Amanullah Khan and Tariq, while armed with guns opened an attack on the complainant and his sons in Mohallah Eidgah, Mianwali, on 4‑12‑1987 at 8‑00 a.m. It has specifically been alleged that the petitioner and a co‑accused Muhammad Aslam fired shots from their respective guns hitting Muhammad Saeed son of the complainant on his right and left legs. The co‑accused Amir Abdullah, who was a candidate in the election resulting into rivalry between the parties, allegedly fired a shot hitting Muhammad Rafiq, another son of the complainant.

3. Amir Abdullah and Muhammad Aslam have already been released on bail. One of the injuries suffered by Muhammad Saeed P.W. on his legs has been declared as grievous, but as already stated injuries on both the legs of Muhammad Saeed resulted from shots fired by Muhammad Aslam and the petitioner. It has not been specifically stated as to who out of the two is author of the grievous injury. Muhammad Aslam and Amir Abdullah, to whom similar role has been attributes have already been admitted to bail and, therefore, without prejudice to the merits of the case, it is held that the petitioner too is entitled to be released on bail on the principle of consistency. In this view of the matter, the petitioner is admitted to bail in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the A.C. , Mianwali.

S.G.D./U‑19/L Bail allowed.