MUHAMMAD SHARIF Versus THE STATE

ORDER

Muhammad Sharif and Ghulam Farid both sons of Fazil have moved this petition for bail after arrest under section 497/498, Cr.P.C. in the case registered against them under section 302/307/148/149, P.P.C. at Police Station Haveli vide F.I.R. No. 86/69 dated 4‑4‑1988.

2. The principal contention of the learned counsel is that the petitioners, although armed with fire‑arms, did not cause any injury to the deceased. The only allegation against them is of ineffective firing. According to FIR Mumtaz alias Taj Muhammad Sharif, Ghulam Farid sons of Fazil, Bashir Ahmad son of Ahmad and other 6/7 villagers who were also armed with guns and rifles while firing came towards village Akhtarabad. In response to the firing of the above‑referred accused from village Akhtarabad Amir son of Nadar and Sattar s on of Jehangir were also firing towards Mumtaz etc. In the meantime, Sardara, personal servant of the complainant, reached the village towards north at a distance of 1‑1/2 Acres. He was hit by a bullet alleged to have been fired by Amir's party. On the receipt of the injury he fell down on the ground and died at the spot. Learned counsel placed reliance on Irshad v. The State 1987 P Cr. L J 982, Rahmat Ali v. The State 1987 P Cr. L J 1018, Zafarullah Khan v. The State P L D 1986 Lah. 216, Muhammad Razzaq and 3 others v. The State 1982 PCr.LJ 1105, Safdar Hussain and another v. The state 1985 PCr.LJ 1117, Abdul Majid v. The State 1986 P Cr. L J 1568, Muhammad Anwar Khan and 2 others v. The State 1988 PCr.LJ 1305.

Learned State counsel has opposed the grant of bail.

3. It is an admitted position that the petitioners did not cause any injury to the deceased. In this view this is a case of further enquiry. Therefore, the petitioners are admitted to bail in the sum of Rs.80,000 (Rupees eighty thousand) with two sureties each in the like amount to the satisfaction of A . C . , Okara.

The trial Court is directed to conclude the trial of the two petitioners within 6 months time.

H.B.T./M‑946/L Bail granted.