ALTAF HUSSAIN Versus STATE

ORDER

Criminal Miscellaneous No. 81/B of 1994/BWP, Criminal Miscellaneous No. 90-C/B of 1994/BWP and Criminal Miscellaneous No.230-C/B of 1994/BWP arise out of the same F.I.R. which shall be disposed of together by this order.

2. Malik Kashif Zaheer alias Chand son of Malik Zaheer Ahmad has applied for bail in case F.I.R. No.18/1994 registered on 12-1-1994 under sections 302, 324, 148, 149, 109, P.P.C. at Police Station City Bahawalnagar on the complaint of Rashid Ahmad. Malik Saghir Ahmad, Malik Zaheer Ahmad and Malik Amanullah were allowed bail by the learned Additional Sessions Judge, Bahawalnagar vide his order, dated 31-1-1994 and Criminal Miscellaneous No.90-C/B of 1994/BWP for cancellation of their bail has been moved and only notice qua Malik Saghir Ahmad was issued. Tanveer Ahmad, Muhammad Anwar and Muhammad Yaqoob respondents/accused were admitted to bail.on 3-4-1994 by the learned Additional Sessions Judge-I, Bahawalnagar, and for cancellation thereof Criminal Miscellaneous No.230-C/B of 1994/BWP has been preferred by the complainant.

3. Rashid Ahmad complainant alleged that on 11-1-1994 a dispute arose between Muhammad Rafique and Muhammad Yaqoob drivers. Malik Zaheer Ahmad and his sons Malik Chand and Malik Qasim reached armed with .222 bore rifles and gave beating to Muhammad Rafique Driver. The people patched up the matter. On the day of occurrence on 12-1-1994 at about 8-00 a.m. Malik Saghir Ahmad reached the shop of Rafique Ahmad electrician and threatened him with dire consequences by proclaiming that he would be liquidated. At about 11-30 a.m. when a bus from Chishtian arrived at the bus stand, Bahawalnagar, Muhammad Anwar Gujar, Tanveer Ahmad Gujar, Harz Muhammad Yaqoob Driver respondents/accused alongwith Sardar Ahmad Gujjar, Ata Elahi Gujjar and Niaz Ahmad Gujjar, co-accused alighted therefrom and went inside the office of Malik Zaheer Ahmad respondent/accused and after some time when the complainant alongwith his brothers Muhammad Rafique and Bashir Ahmad, Ghulam Murtaza his nephew, Jahangir his nephew and Allah Bakhsh a relative were doing their work at the shop, suddenly Malik Saghir Ahmad while hurling abuses came at the shop. Malik Saghir Ahmad respondent/accused caught hold of Rafque Ahmad and Malik Chand co-accused inflicted a Sarya blow on the head of Rafique Ahmad who became unconscious, while the other co-accused Tanveer Ahmad Gujjar, Harz Muhammad Yaqoob and Muhammad Anwar Gujjar, respondents belaboured Ghulam Murtaza, Allah Bakhsh and Muhammad Jahangir P.Ws. with iron rods. On hue and cry many persons reached and the accused while abusing went to the office of Malik Zaheei Ahmad; respondent/accused. The complainant further alleged that the incident took place on the abetment of Malik Zaheer Ahmad, Malik Amanullah, Ch. Niaz Ahmad Gujjar, Ata Elahi Gujjar and Sardar Muhammad Gujjar. Muhammad Rafique in injured condition was taken to the hospital, who succumbed to his injuries on 13-1-1994 at 10-30 p.m. (mid-night).

4. Malik Kashif Zaheer alias Chand petitioner was alleged to have caused a single Sarya blow on the head of the deceased, whereas the petitioner and respondents Tanveer Ahmad, Muhammad Anwar and Muhammad Yaqoob, respondents/accused were arrested and no recovery of Sarya was effected at the instance of Malik Kashif Zaheer alias Chand respondents Tanveer Ahmad, Muhammad Anwar and Muhammad Yaqoob are alleged to have led to the recovery of Sarya which was otherwise not blood-stained, Aslam Shahab, D.S.P. was entrusted with the re-investigation of the case and A during investigation Amjad P.W. stated that the injury with Sarya was caused by Muhammad Anwar respondent to the deceased and not by Malik Kashif Zaheer petitioner. Tanveer Ahmad, Muhammad Anwar and Muhammad Yaqoob, respondents/accused are alleged to have caused injuries to the P.Ws. Neither they caused injury to the deceased nor attempted to cause injury to him. During investigation only abetment is alleged to have been attributed to Malik Kashif Zaheer petitioner and Malik Saghir Ahmad respondent. The challan has been submitted in the Court under sections 302, 109/34, P.P.C. and sections 148 and 149, P.P.C. have been deleted. The complainant neither moved any application against the submission of challan nor filed any private l complaint thereagainst.

5. The case of petitioner Malik Kashif Zaheer falls under section 497(2), Cr.P.C. and without expressing any opinion on the merits of the case, he is admitted to bail in the sum of Rs.50,000 with two sureties, each in the like amount, to the satisfaction of the trial Court.

6. Malik Saghir Ahmad was alleged to have taken the deceased in Japha and excepting that no overt act is attributed to him and moreover he has been challaned for the abetment of the. offence. The petition (Criminal Miscellaneous No.90-C/B of 1994/BWP) qua him for cancellation of bail is dismissed. Respondents Tanveer Ahmad, Muhammad Anwar and Muhammad Yaqoob are alleged to have caused injuries with Saryas to the P.Ws. Ghulam Murtaza, Allah Bakhsh and Muhammad Jahangir. The injury on the person of Ghulam Murtaza was declared Shajjah-i-Mudihah, a bone was exposed. There is general allegation against them of causing injuries to the P.Ws. None of them have been specifically attributed the injuries caused to the P.Ws. The petition (Criminal Miscellaneous No.230-C/B of 1994/BWP) qua them for cancellation of bail is dismissed.

N.H.Q./K-134/L Order accordingly.