KHALIDA BIBI Versus DARYAI KHUNAM

ORDER

Muhammad Mansha petitioner seeks bail in a case registered against him and others with Police Station Chuchak, District Okara, vide F.I.R. dated 30-7-1993, for offences under sections 337(A) (2)/355, P.P.C. The case was got registered by Abdul Razzaq with the allegation that on 24-6-1993 at about 11/12 noon, the first informant was irrigating his fields with tube-well water when the petitioner alongwith his co-accused armed with SOW came there. The petitioner cut the water which was irrigating the fields of the first informant, and forbade him to irrigate the same as it was belonging to the paternal-aunt of the petitioner. Simultaneously, he gave Sota blow on the mouth of the first informant, which was followed by other co accused who gave indiscriminate beating to the first informant. In the meanwhile, Mst. Nasreen, niece of the first informant, came there. She was also belaboured.

2. It was contended by learned counsel for the petitioner that the alleged occurrence took place on 24-6-1993, whereas the case was got registered on 30-7-1993. There is an unexplained delay of 36 days. Informs that Akbar Ali, co-accused, who has been hscribed similar role, has been got discharged by the police: Argued that Muhammad Yousaf, another co-accused of the petitioner, has since been released on bail and the case of said Muhammad Yousaf is identical with that of the petitioner. Learned counsel for the State opposed the contentions.

3. 1 have heard the learned counsel and gone through the F.I.R. There is no explanation available why the case was registered with a delay of 36 days. Similarly, I have noticed that the case of the petitioner is identical with that of his co-accused who has since been allowed bail. The case is complete and petitioner is not required for purposes of investigation any more. Therefore, the petitioner is allowed bail, provided he furnishes security of Rs.20,000 (Rupees twenty thousand only) with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Okara.

N.H.Q./M-1301/L Bail allowed