SALEEM MASIH Versus THE STATE

ORDER

This is a petition under section 497/498, Cr.P.C. by Salim Masih and Yousaf Masih petitioners Nos. 1 and 2, for bail in respect of a case instituted against them and four others under section 302/ 307/148/149, P.P.C. at Police Station Wahdat Colony, Lahore, on 8-4-1986.

2. The prosecution case in brief is that Javed Masih complainant, alongwith his brother Shahzad Masih deceased, and his sister-in-law Mst. Jamma P. W. were waiting at Chowk ArifAbad to secure a rickshaw. They wanted to reach Ferozepur Road to catch a bus for Kasur. All of a sudden, Tariq Masih, co-accused, armed with a carbine, Victor John, co-accused, armed with a revolver, Yousaf Masih and Saleem Masih, petitioners, armed with daggers, and Parvez Masih and Arif Masih co-accused, armed with Chhuris, turned up. Victor John, co-accused, uttered a Lalkara that Shahzad and others should be caught and should be killed. Yousaf Masih, petitioner, then inflicted a dagger blow, which hit the buttock of Shahzad Masih, deceased. He, thereupon, ran towards the side of the Mosque, but was pursued and encircled by all the accused. Yousaf Masih and Saleem Masih, petitioners, and Pervaiz Masih and Arif Masih, co-accused, inflicted injuries on him with their daggers and knives. Later, Tariq Masih and Victor John, co-accused, fired towards the complainant party, which shots missed. The motive for the occurrence was that a day earlier a fight had taken place between the two parties, in respect of which cross-cases were registered against both the parties.

3. On behalf of the petitioners it is submitted that apart from Yousaf Masih, petitioners, who only inflicted one specific injury on the buttock of Shahzad Masih, deceased, he and Salim Masih, petitioner, are then included in the general infliction of injuries with two other co-accused. It is further submitted that the petitioners have been behind the bars for almost one and a half years. It is lastly submitted that if the petitioners are not released on bail, their trial may be expedited.

4. Both Salim Masih and Yousaf Masih, petitioners, in complicity with Pervaiz Masih and Arif Masih, co-accused, inflicted dagger and knife blows on Shahzad Masih, deceased. The deceased received seven incised wounds caused by sharp-pointed and sharp-edged weapons. A reasonable inference can be drawn that they shared the common intention to murder the deceased. There being no merit in this petition, the same is dismissed in limine.

5. There is a request on behalf of the petitioners that the trial may be expedited. The learned trial Judge should look into the request. If the trial can be expedited he may assist in that matter.

S.G.D./S-136/L Bail declined.