MUHAMMAD IQBAL Versus STATE

ORDER

Petitioner seeks bail in a case registered against him and others with Police Station Chak Jhumra, for an offence under sections 302/324, 337-A(iii)/148/149/379, P.P.C. vide F.I.R. dated 12-6-1992. The case was got registered by Sharah, with the allegation that on the fateful day at about 12-30 day time, after Ourbani he went to the Dera. The first informant heard commotion and went there and saw Muhammad Khan co-accused armed with hatchet giving blows to Dost Muhammad on his head who fell down. The witnesses tried to separate them whereupon Alam Sher armed with hatchet raised Lalkara that the revenge for the disgrace of Mst. Bashiran Bibi be taken. Petitioner is alleged to have given injuries to Rehmat Bibi with wrong side of his hatchet.

2. Learned counsel for the petitioner contended that the petitioner is ascribed only simple injuries. Ahmad Ali armed, with three co-accused of the petitioner, namely, Mulazam Hussain, Said Ahmad and Umer Hayat, have already been released on bail and the case of the petitioner is at par therefore, he should also be given the same concession. Argued that it has been more than a year yet the trial has not commenced. Contentions were opposed by learned counsel for the State.

3. I have heard the learned counsel at length and gone through the file. Petitioner is named in the F.I.R. In this incident two persons namely, Dost Muhammad and Ashiq Hussain lost their lives. Weapon of offence has also been recovered from the petitioner. The case of the co-accused, who have been released on bail, is on different footing. Two of them were not ascribed any injuries to anyone. The third was ascribed an injury which was not found in the medico-legal examination. The injuries caused by the petitioner were considered by the doctor who examined Rehntat Bibi. No ground for bail at this stage is made out. Petition fails which is dismissed.

N.H.Q./N-203/L Bail refused