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Petitioner: MUHAMMAD IQBAL VS Respondent: StateHonorable Justice Rana Zahid MahmoodShoaib Zafar
2008 Y L R 2437
2008 Y L R 2437
[Lahore]
Before Rana Zahid Mahmood, J
MUHAMMAD IQBAL---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.3852-B of 2008, decided on 1st July, 2008.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss. 302, 337-A(i), (ii), 337-F(i), 34, 148 & 149---Bail, refusal of---Accused was specifically named in the F.I.R. for first giving beating to a brother of the complainant, shortly before the main occurrence while he was accompanied by co-accused who was his brother whereafter they along with several others, while armed with fire arms and hatchets etc., again attacked the complainant party in front of their house and then committed the murder of four persons from the complainant side and injured five---Merely because co-accused received some injuries during the occurrence on his person which were two in number, one was a lacerated wound and other was incised one, the omission on the part of the complainant to mention same in the F.I.R., would not make case against accused one of further inquiry---Offence against accused falling within prohibitory clause, of S. 497, Cr. P. C. no ground was available for grant of bail to accused.
Shoaib Zafar for Petitioner.
Ishaq Masih Naz, Deputy Prosecutor-General for the State with Zulfiqar Ali, S.-I.
ORDER
RANA ZAHID MAHMOOD, J.--This is an after arrest bail application in case F.I.R. No.84, dated 13-5-2007, registered at Police Station Noor Pur, District Khushab, under sections 302/34/148/149, P.P.C. read with section 337-A(i), 337-(ii), and 337-F(i), P.P.C. wherein it is alleged that petitioner with several other co-accused, who were armed variously with fire-arms, hatchets etc. after earlier beating given by Abdul Salam, co-accused and petitioner to Noshad, brother of the complainant, then went to the house of the complainant and attacked upon them with fire-arms and hatchets etc resulting in the death of Muhammad Younas and Mst. Rizwana Shaheen, father and sister of the complainant, respectively, on the spot while Muhammad Javaid another brother of the complainant also died shortly thereafter. Post-arrest bail of the petitioner was dismissed by the learned Additional Sessions Judge, Khushab, vide order dated 28-7-2003, hence this petition to this Court.
2. Learned counsel for the petitioner has submitted that petitioner has been falsely involved who is alleged to have inflicted hatchet blows on the complainant on his head and the head of Muhammad Younis, deceased, father of the complainant. Also submitted that strangely enough, the petitioner then allegedly brought a .12 bore gun from his house and then fired at Muhammad Javaid, deceased brother of the complainant of his left arm and leg and Mst. Rizwana Shaheen, sister of the complainant on her right chest and right arm. Learned counsel submitted that during investigation it was found that petitioner had not caused fire-arm injury on anyone and also not on Mst. Rizwana Shaheen deceased. He submitted that police, however, found that he had inflicted hatchet blows on the complainant on his head and on the head of Muhammad Younis deceased, father of the complainant. The learned counsel submitted that one person, namely, Abdul Salam, co-accused, had also received two injuries on his person which are lacerated wound and incised wound, but the complainant side completely concealed the same in the F.I.R., therefore, as well case against the petitioner requires further inquiry and he is entitled to bail. He submitted that learned trial Judge dismissed the bail application of the petitioner illegally.
3. Learned Deputy Prosecutor-General has opposed the bail application and submitted that four persons were, murdered in the instant occurrence by the petitioner and co-accused and five persons were injured by them on a petty dispute which earlier took place shortly before the instant occurrence and submitted that petitioner side was aggressor and had also given beating earlier to Noshad, a brother of the complainant. He submitted that petitioner is specifically attributed hatchet blows successively on the head of the complainant and also on the head of Muhammad Younis, deceased, father of the complainant, while he also caused firearms injuries on Muhammad Javaid deceased, brother of the complainant and also on Mst. Rizwana Shaheen, deceased sister of the complainant, while there are five injured P.Ws. in this case. Therefore, as the petitioner is specifically named in the F.I.R. for causing injuries on the deceased persons and the complainant, he is not entitled to bail and no exception can be taken to the impugned order passed by the learned Additional Sessions Judge.
4. I have heard learned counsel for the parties and also perused the available record.
5. Petitioner is specifically named in the F.I.R. for first giving beating to Noshad, a brother of the complainant, shortly before the main occurrence while he was accompanied by Abdul Salam, co-accused, his brother, whereafter they along with several others, while armed with fire-arms and hatchets etc, again attacked the complainant party in front of their house by going to said place and then committed the murder of four persons from the complainant side and injured five. Petitioner is alleged to have inflicted fire-arm injures on Muhammad Javaid, Mst. Rizwana Shaheen two deceased brother and sister of the complainant, respectively, while also caused hatchet blows on the head of Muhammad Younis, deceased father of the complainant apart from hatchet blows on the head of the complainant. Merely because Abdul Salam, co-accused, brother of the petitioner, received some injuries during the occurrence on his person which are two in number and one is a lacerated wound and other is incised, the omission on the part of the complainant to mention the same in F.I.R. would not make case against the petitioner one of further inquiry neither the finding of police that the petitioner had not caused fire-arm injuries on the deceased persons. Offence falls within prohibitory clause. No ground for grant of bail to petitioner. This petition is without merit and is, therefore, dismissed.
H.B.T./M-262/L Bail refused.