NIAMAT KHAN AND 3 OTHERS Versus THE STATE
ORDER
Niamat Khan, Muhammad Iqbal, Shah Din and Eid Muhammad petitioners have been challaned under sections 447, 307, 325 read with section 34, P.P.C. by Dera Rahim Police. As they were refused bail by learned Additional Sessions Judge, Sahiwal on 30-8-1986, therefore, they have moved the instant petition for the grant of bail.
2. According to the prosecution, the petitioners in order to take possession of the disputed land attacked and injured Umar Din, Amanat Ali, Rehmat Ali, Irshad and Waryam who suffered, at their hands, as many as 33 injuries including one grievous hurt found on the person of Umar Din involving fracture of his right: arm and the other on the person of Amanat Ali whose left arm has been broken. The petitioners are arrested in the case since 11-7-1986.
3. It may be stated that in the instant case no F.I.R. had been registered. As a matter of fact Abdul Majid brother of Eid Muhammad, petitioner, had lodged F.I.R. No. 96/86 under sections 148, and 302/149, P.P.C. alleging that on the day of occurrence at 2 a.m. he alongwith his brother Eid Muhammad and Niamat Ali petitioners and Ashiq Hussain (deceased) were present in Square No. 67 of Chak No. 141/9-L talking to each other when Waryam, Irshad, Rehmat, Amanat, Umar Din and Mst. Inayat Bibi armed with Dangs came there raising Lalkaras and fell upon them and caused them injuries. They suffered fifteen injuries in all. Of which, five were on the person of Ashiq Hussain who died as a result thereof. Consequently, Waryam, Irshad, Rehmat, Amanat, Umar Din and Mst. Inayat Bibi have been challaned under sections 148 and 302/149, P.P.C.
4. It would be seen from the above narration that the petitioners have been challaned under section 307/325, P.P.C. for causing injuries to Umar Din and 4 others named above who have already been challaned in the murder case registered on behalf of the petitioners for causing the death of Ashiq Hussain (brother of Eid Muhammad petitioner). Two grievous hurt suffered by Umar Din and Ama6at Ali P.Ws. are neither on a vital part of their body nor specifically attributed to any petitioner. None of the injuries has been declared as dangerous to life either, therefore, it needs further enquiry whether an offence under section 325 or 307, P.P.C. has been committed.
5. For the above reasons, I feel inclined to allow this petition. The petitioners are directed to be released on bail subject to furnishing bail bonds in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Sahiwal.
M.Y.H./N-90/L Bail granted.