MUHAMMAD MANSHA Versus STATE
ORDER
This is a petition for grant of bail on behalf of Muhammad Mansha, Jahangir, Mehandi and Muhammad Ali, petitioners, who stand arrested in case F.I.R. No.284/92, dated 12-12-1992, under section 302/324/436/379/148/149, P.P.C., registered at Police Station Pindi Bhattian, District Hafizabad, at the instance of Saifullah.
2. According to the F.I.R., a piece of land sold by Sultan Bhatti to Fateh Muhammad (uncle of Saifullah, complainant) had been taken possession of by them from Miru, accused, who was holding possession of the said land unlawfully. Miru was clamouring to regain the possession thereof and for that matter he had also lodged an F.I.R. at Police Station Pindi Bhatian under section 447/448, P.P.C. against Saifullah, complainant etc. which case is pending decision in the lower Court. With this background of enmity, Miru accused armed with 7 mm rifle, accompanied by Muhammad Mansha armed with .12 bore gun, Jahangir armed with Carbin, Mehandi armed with gun, Muhammad Ali armed with gun and one Khizar Hayat armed with .12 bore gun, went to the place of occurrence in order to wrest possession of the land in dispute at the relevant time. At the time the complainant was taking out his animals. Miru, accused, opened the attack by firing a shot which hit Mst. Sharaf in the head who fell down dead on the spot. Zulfiqar was hit by the shot fired by Khizar Hayat accused (not petitioner before me). Allegation against the petitioners is that at the exhortation of Miru they also resorted to firing and a pellet fired by Jahangir hit the lower part of the eye of Zulfiqar, P.W. All the accused then set the residence of the complainant on fire and decamped from the scene and had also taken away the licensed rifle of Zulfiqar, P.W.
3. According to the medical evidence Mst. Sharaf (deceased) suffered one gunshot injury in the head, Zulfiqar suffered nine injuries. However, in order to determine the weapon of offence tissues from some of the wounds were taken packed and sent to Chemical Examiner for analysis, report from whom has not been so far received. Out of the nine accused named in the F.I.R., three namely Nasar Iqbal, Zafar Iqbal and Umar Daraz have been allowed bail whereas the same relief was declined to the petitioners, hence this petition.
4. I have heard learned counsel for the petitioners as well as for the State and have also perused the record.
5. Admittedly the petitioners are in jail for the last 10 months without trial. They have not been attributed specifically any injury to the deceased or Zulfiqar, P.W. No recovery of weapon of offence has been effected from them either. It is of interest to note that the injuries suffered by Zulfiqar, P.W., have not so far been declared to be caused with fire-arms. In circumstances, I am of the view that the question whether the petitioners really participated in the I occurrence or not needs further inquiry. Consequently, they are entitled to grant of bail. This petition is, therefore, allowed and it is directed that the petitioners be released subject to their furnishing bail bonds in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of the trial Court.
N.H.Q./M-1387/L Bail allowed.