ASHRAF BEG AND 2 OTHERS Versus THE STATE
ORDER
The three brothers Ashraf Beg, Sharif Beg and Inayat Beg with seven others are accused of committing the murder of Afzal Beg and making murderous assault on Akbar Beg son of Abdullah, Akbar Beg son of Rehmat, Anwar Beg and Ashraf Beg P.Ws. on 1‑6‑1987 in the fields of village Bazara Mughlan regarding the dispute over the possession of agricultural land. As their bail petition was dismissed by the lower Court, hence this application.
2. I have heard learned counsel for the petitioner as well for the State and also perused the record.
3. According to prosecution, Ashraf Beg and Sharif Beg petitioners gave injuries with blunt side of their hatchets on the head of Afzal Beg deceased which resulted in his death. As for Inayat Beg, petitioner is concerned, no specific injury is attributed to him.
4. Learned counsel for the petitioners submits that admittedly the petitioners were in possession of the land in dispute which fact is borne out by Khasra Girdawari as well. He also contended that the petitioners were injured during the occurrence and although there is no medico‑legal certificates showing that the accused party received injuries yet it is so admitted in the F.I.R. i.e. the complainant in exercise of their right of private defence had caused injuries to the members of the accused party, therefore, it is evident that the complainant party in order to take the possession of the land in dispute forcibly had committed aggression and the accused /petitioners as well as their co‑accused in the exercise of right of private defence of their person and property caused injuries to the P.Ws. and death of Afzal Beg and thus they committed no offence. Learned State counsel, however, opposed the petition saying that the petitioners did not have the right to the extent of causing the death of Afzal Beg who was empty‑handed at the time of occurrence, but he conceded that no specific injury is attributed to Inayat Beg petitioner.
5. Having considered the facts and circumstances of the case I am of the view that since no injury has been attributed to Inayat petitioner in the F.I.R. it requires further inquiry if he was present at the time of occurrence or not and as such he is entitled to the grant of concession on bail. He is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Gujrat.
6. As far as Ashraf Beg and Sharif Beg petitioners are concerned, they are specifically attributed fatal blows to the deceased. It is in the F.I.R. that Ashraf Beg used to cultivate the land of complainant Aslam Beg on Batai and that the petitioners had taken back the possession of the land from him but on the day of occurrence the petitioners started forcibly ploughing the land to which Afzal Beg, the P.Ws. and the complainant party objected and were, therefore, attacked by the petitioners. In the circumstances they are prim facie guilty of committing offence of murder hence not entitled to the grant of concession of bail. The petition to their extent is dismissed.
M.Y.H./A‑360/L ????????????????????????????????????????????????????????????????????? Order accordingly.