LIAQAT MASIH Versus STATE
ORDER
Being an accused in case F.I.R. No.262/92, dated 23-10-1992 registered under section 302/452/324/337-A(ii)/337-F(i)/148/149, P.P.C. at Police Station Danewal, District Vehari Liaqat Masih has moved this Court under section 497/498, Cr.P.C. for his release on bail, the same request having been refused to him by the learned Additional Sessions Judge vide his order, dated 12-7-1993.
2. It is alleged in the F.I.R. that the complainant is serving in Civil Hospital. On 23-10-1992, at about 6 p.m. the complainant alongwith Younis Macih was present in his house. Asif son of Younis Masih was playing with the son of the complainant. Pervaiz son of complainant sat on the cot of Dogar Masih who abused him. The complainant and Jafar Masih stated to him that he is a child and must be pardoned, but Dogar Masih called his relatives. On this Shamma Masih armed with Chhuri, Dilbar Masih armed with Sota, Boota Masih armed with Kalhari, and brother-in-law of Dilbar armed with Soti, one unknown person allegedly husband of Naziran armed with Sota and one person named Jugni empty-handed came there, raising alarm. On seeing them the complainant and others went in their quarters. It is further alleged that the accused persons came behind the complainant and other P.Ws. and through the staircase entered into the quarter of the complainant. On reaching there Shamma gave Chhuri blow on the left side of chest of Younis Masih, behind left shoulder on the back of Younis. Jafar Masih came forward then Boota Masih gave a Sod blow on the chest of Jafar and on the left ear also. On this Mst. Azra and Asif aged 2 years fell on Jaffar. Azra was beaten with Sod by unknown person and Dilbar also caused injuries on her. Shamma accused also gave a blow on the ear of Asif child. It is further alleged that Jugni caused blow with fists to the complainant. On raising hue and cry Nazeer Ahmed, Saeed Masih and other people came at the spot and saw the occurrence with their eyes, and intervened in the matter. The injured were taken to the hospital. With these allegations the case under section 452/148/149, P.P.C. was registered but later on, on 28-10-1992, Jafar Masih died and the case was registered under the above-mentioned sections.
3. It is submitted that the petitioner is not named in the F.I.R. but later on in the statements recorded under section 161, Cr.P.C. of the P.Ws. he was involved in the case. It was also argued that no injury to the deceased has been ascribed to him and the only allegation against him is that he caused a simple injury to Mst. Azra P.W..
4. The learned State counsel opposed the bail but half-heartedly.
5. After having heard the learned counsel of both the sides i have also gone through the record. I find that Liaqat Masih is not mentioned by name in the F.I.R. but he is mentioned as brother-in-law of Dilbar co-accused. Regarding allegation against the petitioner it is mentioned that an unknown person inflicted Sod blow upon Azra P.W. I also find that besides the petitioner, who is stated to be brother-in-law of Dilbar co-accused there is a mention of one unknown person in the F.I.R. so the injury caused on Azra P.W. does not appear to be ascribed to the petitioner but to an unknown person. In his view of the matter, I do not agree with the learned Additional Sessions Judge that the role of the petitioner at the present stage was not distinguishable for the purpose of bail. So far as the question of sharing his common intention with his co-accused is concerned, that shall certainly be determined during the trial. At present in view of the contentions raised at the bar and the facts and circumstances of this case, I find that the case against the petitioner does fall under the ambit of subsection (2) of section 497, Cr.P.C. being a case of further enquiry.
6. I, therefore, direct that Liaqat Masih, petitioner, shall be enlarged on bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in e the like amount to the satisfaction of Assistant Commissioner, Vehari.
N.H.Q./L-49/L ??????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.