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Petitioner: MAZHAR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1803
[Lahore]
Before Muhammad Munir khan, J
MAZHAR and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 766/B of 1988, decided on 21st March,1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302/307/34‑‑Bail‑‑F.I.R. lodged with delay of four days‑‑Petitioners were attributed no injury to deceased and allegedly they caused only simple injuries to prosecution witnesses‑‑Petitioners also received injuries caused by blunt weapon during occurrence‑‑Petitioners allowed bail, in circumstances.
Raja Muhammad Yaqoob Khan for Petitioners.
Masood Sadiq Mirza for the State.
ORDER
This is an application for grant of bail to Mazhar and Riaz petitioners in case under section 307/302/34, P.P.C. registered at P.S. Shorkot, District Jhang, vide F.I.R. No. 172, dated 19‑6‑1987.
2. The prosecution case is that the petitioners and two others in furtherance of their common intention variously armed caused the death of Muhammad Ramzan and injuries to Abdur Rehman, Suleman, Allah Bakhsh and Muhammad Zahid on 16‑6‑1987 in the area of Mauza Kaki Nau of Police Station Shorkot.
3. As for the petitioners, it has been alleged that Mazhar was armed with knife and he caused simple injuries to Abdur Rehman and Suleman P.Ws. Riaz Ahmad petitioner was allegedly armed with Lathi and caused simple injuries to Abdur Rehman, Suleman and Muhammad Zahid P.Ws.
4. Learned counsel for the petitioners submits that the petitioners did not cause any injuries to the deceased; that they allegedly caused simple injuries to the P.Ws., that the petitioners had also received injuries during the occurrence and that there is a delay of four days in lodging the F.I.R. Learned counsel for the State has opposed this application on the ground that the petitioners had actually participated in the occurrence and had caused injuries to the P.Ws.
5. I have considered the submissions made by the learned counsel for the parties with care. I find that there is delay of four days in lodging the F.I.R. that the injuries allegedly caused by the petitioners to P.Ws. were found simple; that the petitioners did not cause any injury to the deceased and that the petitioners had also received injuries caused by blunt weapon during the occurrence.
For what has been said above, without making expression of opinion, lest it may prejudice the merits of the case, I feel that a case for grant of bail to the petitioners is made out. They are, therefore, allowed bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Shorkot.
S.G.D./M‑649/L Bail allowed.