ALAM SHER Versus THE STATE
ORDER
This order will dispose of Criminal Miscellaneous Nos. 1250/13, 1700/B, 1701/B and 1554/13 of 1987 because of the common question of law and facts.
2. Alam Sher has moved the above petitions for the cancellation of the bail of Zaman Amin, Zahoor, Muhammad Ali, Muhammad Hussain, Shahadat and Allah Yar respondents. They alongwith Ali Sher and Shaukat co‑accused stand charged with the murder of Bashir deceased and for murderously assaulting Falak Sher, Shaukat Ali, Haitam Ali, Khalil and Abbas P.Ws with sticks and a spear on 26‑1‑1987 after trespassing into the house of the deceased.
3. The motive for the offence was that two days before the occurrence Shaukat co‑accused had molested Mst. Kausar daughter‑in- law of Alam Sher complainant. His brother Bashir Ahmad deceased lodged a protest with Shaukat who hurled abuses at him whereupon Bashir Ahmad slapped him.
4. On the day of occurrence Alam Sher complainant alongwith his brother Bashir Ahmad deceased and the injured P.Ws was sitting in the compound of his house when the respondents accompanied by Ali Sher and Shaukat came there and attacked them. Shaukat and Ali Sher gave stick injuries to the deceased while the respondents except Muhammad Hussain caused injuries to the injured P.Ws with their respective weapons. Muhammad Hussain respondent who was allegedly armed with a pistol continued raising Lalkaras.
5. The learned Additional Sessions Judge granted bail to the respondents on the ground that Zaman Amin, Muhammad Ali and Muhammad Hussain had been found innocent in the investigation and further that they had not caused any injuries to the deceased and the injuries of the P.Ws attributed to them were simple in nature.
6. The cancellation is sought on the ground that neither any of the respondents was found innocent nor placed in column No. 2 of the challan. Furthermore, it was wrong to say that only simple injuries were attributed to them inasmuch as two grievous injuries were found on the person of Falak Sher P.W. Further, that injuries on the vital parts of the bodies of other P.Ws were found.
7. I have heard the learned counsel for the parties. As per last case diary of A.S.P. all the respondents were found guilty and were ordered to be challaned. As per medico legal certificate of Falak Sher two grievous injuries were found on his person. There is an allegation against the respondents of having trespassed into the house of the complainant party carrying lethal weapons. Specific role of causing injuries to the P . Ws is attributed to all of them except Muhammad Hussain respondent. In these circumstances, they were not entitled to the grant of bail. Accordingly, I accept the applications and cancel the bail of Zaman Amin, Zahoor, Muhammad Ali, Shahadat and Allah Yar respondents. Since no injury to anybody is ascribed to Muhammad Hussain respondent though he was allegedly armed with a pistol and the only allegation against him is of raising Lalkara, I do not, therefore, feel persuaded to cancel his bail. Accordingly, the application is dismissed to his extent.
M.Y.H./A‑222/L Petition dismissed.
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