SHER MUHAMMAD Versus THE STATE

ORDER

This is a petition under section 497/498, Cr.P.C. by Sher Muhammad and Qadir Bakhsh, petitioners, for bail in respect of a case instituted against them and others under section 307/148/149, P.P.C. at Police Station Sahiwal, District Sargodha, on 14‑8‑1987.

2. The prosecution case in brief is that Sher Muhammad and Qadir Bakhsh, petitioners, along with the remaining eight co‑accused, all armed with Sotas, attacked and injured Umer Hayat, Ahmad Sher, Shamsher Ali, Muhammad Ramzan, Muhammad Bakhsh, Gulsher and Abdul Ghafoor. Sher Muhammad is alleged to have inflicted Sota blows to Shamsher Ali PW on his left elbow and thigh and to Muhammad Bakhsh PW on his head and Qadir Bakhsh is alleged to have inflicted a Sota blow on the head of Umer Hayat and on the head of Ahmad Sher. The total injuries on the injured witnesses were thirty‑two, of which only one was found to be grievous, which was on the little finger of Muhammad Ramzan PW; the remaining blunt weapon injuries being all simple.

3. I have heard the arguments of the learned counsel for the petitioners, the complainant and the State. Khan Muhammad, Saleh Muhammad, Bahadur and Muhammad Ramzan son of Ahmad co‑accused were found to be innocent. Apart from them the remaining four, co‑accused have been allowed bail. The case of Sher Muhammad and Qadir Bakhsh, petitioners, is not distinguishable from those that, have been allowed bail. The injuries inflicted by the two petitioners apparently are simple. The petitioners, therefore, are entitled to be released on bail.

4. For the foregoing reasons, this petition is accepted and She Muhammad and Qadir Bakhsh, petitioners, are released on bail, subject to their furnishing security in the sum of Rupees Ten Thousand (Rs.10,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Shahpur Saddar.

M. Y. H./S‑159/L Bail granted.