MUHAMMAD RIAZ Versus THE STATE

ORDER

Petitioners seek bail in the ‑case registered against them and two others under section 302/34, P.P.C., at Police Station Sadar, Sargodha on 26‑8‑1987 on the statement of Falak Sher.

2. According to F.I.R. the petitioners accompanied by two other accused, launched attack on Naseer Ahmad who fell down after receiving a hatchet blow and died later. Muhammad Ramzan P.W. was given 3 Lathi blows by Muhammad Nawaz 'co‑accused of the petitioners on his having tried to intervene. Muhammad Ramzan P.W. was also given a Lathi blow on the right arm, by Riaz petitioner. Ijaz petitioner who was stated to have been armed with knife, caused an‑injury on left cheek of the complainant.

3. About motive for the occurrence, it is stated in the F.I.R. that Naseer Ahmad deceased had estopped Muhammad Nawaz co‑accused from revelling in front of his house on which both had quarrelled and Naseer deceased had given him kicks and fist blows,

4. Bail is being sought on the grounds that the petitioners have been involved falsely in the case; that none of them had caused any injury to the deceased; that in the quarrel which had taken place in front of the house of Nawaz accused, the deceased had caused him injuries; and that they are in jail for, the last about six months.

5. Learned counsel for the State/complainant has opposed the grant of bail on the grounds that the petitioners are named in the F.I.R. ; that specific role has been attributed to them and that the weapons of offence have also been recovered from them.

One injury each has been assigned to the petitioners to two of the P.Ws. which, according to learned counsel for the petitioners, have been declared simple. They were not found on vital parts. The other two co‑accused of the petitioners are their brother and father. The deceased was given only one injury by father of the petitioners.

Considering all aspects of the case, enumerated above, I feel inclined to exercise discretion in favour of the petitioners. The petition is, therefore, allowed and the petitioners are directed to be released, provided they furnish bail bonds in the sum of Rs. twenty‑five thousand each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Sargodha.

H. B. T./M‑595/L Bail granted.