UMAR DIN Versus ALI MUHAMMAD

ORDER

1. The petitioner Muhammad Nawaz has applied for post arrest bail in a case registered against him on 30‑7‑1988 vide F.I.R. No. 121/88, at Police Station Qureshi District Muzaffargarh under section 325/34, P.P.C.

2. The facts narrated in the F.I.R. are that Rahim Bakhsh reported the matter at police station respecting the occurrence which took place three days earlier i.e. on 27‑7‑19238 at 10/11 a.m. when his brother Faiz Bakhsh who had a bullock cart took his bullock at tap of Master Amanullah so that the said bullock may take water. When he was coming towards his house, four accused namely. Wahid Bakhsh, Dildar, Kaloo and the present petitioner came alongwith Sotas and raised Lalkara that they would teach lesson for beating their children. On his brother's cries, Ghulam Muhammad and Khadim Hussain were also attracted to the place of occurrence. Within their sight all the accused one after the other inflicted sota injuries on Faiz Bakhsh. The injured was medically examined on 27‑7‑1988 in the evening. The doctor found 7 injuries of blunt weapon on his person out of which one was of grievous nature.

3. The petitioner has sought bail on the ground that there is a delay of three days in lodging the F.I.R., which has not been explained. The co‑accused of the petitioner have been enlarged on bail by the learned Sessions Judge, Muzaffargarh. It is argued that the case of tae petitioner is not distinguishable A from that of the other accused. The petitioner is behind the bars since August, 1988 and the challan has already been submitted in Court. It has further been argued that the witnesses mentioned in the F.I.R. have filed affidavits that they had not seen the petitioner injuring Faiz Bakhsh. I do not want to dilate upon the " authenticity or otherwise of the affidavits at this stage. Since the other co‑accused have already been granted bail and keeping the facts and circumstances of this case in mind I feel it a fit case for the grant of bail. In the circumstances. I admit the petitioner to bail in the sum of Rs. 20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of A.C., Muzaffargarh.

4. SA./M‑1071/L Bail allowed.