IRSHAD BEGUM Versus MUHAMMAD LATIF

ORDER

Ijaz Hussain Shah petitioner alongwith Irshad Hussain Shah, Sadiq Hussain Shah, Zafar Hussain Shah and Murad Hussain Shah (since dead) stands charged for murderously assaulting Altaf Hussain Shah and Safdar Hussain Shah on 11‑6‑1988 at 12 noon over a money dispute.

2. The prosecution case is that Altaf Hussain Shah complainant was proceeding towards his house and when he reached near the primary girl school Irshad Hussain Shah accused challenged him and fired revolver shots at him which went amiss. He picked up a brick‑bat and hurled towards Irshad Hussain Shah hitting him on his forehead. On hearing alarm Murid Hussain Shah deceased armed with a Danda, Sadiq Hussain Shah armed with a Vohaula, Zafar Hussain Shah and Amir Hussain Shah armed with Dandas and Ijaz Hussain Shah petitioner armed with a gun came there and attacked the complainant. Safdar Hussain Shah tried to rescue the complainant but Ijaz Hussain Shah petitioner fired a gun shot at him hitting him at his legs. Murid Hussain Shah tried to attack the complainant who fired a gun shot at him and on receiving the injuries he fell injured. The petitioner and his companions caught hold of Altaf Hussain Shah and caused him injuries and confined him in their Baithak.

3. Except Ijaz Hussain Shah petitioner all the other accused are on bail. Altaf Hussain Shah complainant is accused in the cross‑case and is alleged to have given fatal injuries to Murid Hussain Shah. Ijaz Hussain Shah petitioner was initially bailed out by the Illaqa Magistrate but later on his bail was cancelled by the learned Additional Sessions Judge.

4. Bail for Ijaz Hussain Shah petitioner is urged on the ground that he is a P.W. in the cross‑case against Altaf Hussain Shah and Safdar Hussain Shah etc, and that except Altaf Hussain Shah all the accused of the cross‑case are on bail and as per finding of the police it was a case of free fight between the parties.

5. Both the parties have been challaned and it is yet to be seen who is guilty of aggression. Except the petitioner all the other co‑accused are on bail According to him he had acted in self‑defence. Since it is yet to be seen which party was at fault I admit him to bail in the sung of Rs.20,000 with two sureties in the like amount to the satisfaction of A,C./Duty Magistrate, Mankera.

SA./I‑108/L Bail allowed.