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Petitioner: MANZOOR AHMED AND OTHERS VS Respondent: THE STATE
1988 P C r
1988 P C r. L J 1125
[Lahore]
Before Muhammad Munir Khan, J
MANZOOR AHMED and others--Petitioners
Versus
THE STATE--Respondent
Criminal Miscellaneous No. 3871/B of 1987, decided on 11th January, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), Ss. 307, 326 & 353/148--Bail, grant of--Specific injury attributed to one accused while no injury specifically attributed to the other--Case of each accused was dis tinguishable--Accused not attributed specific injury was granted bail whereas bail to other was declined in circumstances.
Khawaja Muhammad Afzal for Sardar Latif Khan Khosa for Petitioners.
Rao Hamid Mukhtar for the State.
ORDER
This is an application for grant of bail to Manzoor Ahmed and Jaffar petitioners in a case under section 307/326/353/149, P.P.C. registered at P.S. Depalpur vide F.I.R. No. 256, dated 16-7-1987.
2. The prosecution case is that the petitioners and others had assembled in Ahata situate in village Ladhewal with intent to commit crime. On information, the police party encircled the Ahata and asked the petitioners and others to surrender themselves to the police. On this the petitioners and others opened fire hitting Muhammad Bashir, F.C. Muhammad Afzal and Muhammad Sarwar P.Ws. As for Manzoor Ahmad petitioner No.l, it has been alleged that he caused fire-arm injury to Muhammad Bashir F.C. As for Jaffar petitioner, it has been stated in the F.I.R. that he alongwith others had opened fire on police party.
3. Learned counsel for the petitioners submits that the police party had no authority to conduct raid on Ahata where the petitioners and others were present at the time of occurrence; that the petitioners have also received fire-arm injuries during the occurrence; that Zahoor Ahmad wanted to eject the petitioners against law from the Ahata, so he arranged police raid on the Ahata. Learned counsel for the State has opposed this application.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that fire-arm wound found on the person of Muhammad Bashir F. C. has specifically been attributed to Manzoor Ahmad petitioner, whereas no injury has specifically been attributed to Jaffar petitioner and as such, the case of Jaffar is bit distinguishable. The submission made by the learned counsel that the police had no authority to conduct raid on Ahata where the petitioners and others were present at the time of occurrence, can properly be appreciated at the time of trial and travels beyond the scope of tentative assessment.
For what has been said above, the application is party accepted. Jaffar petitioner is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A. C. /Duty Magistrate, Okara and the plea for bail of Manzoor Ahmed petitioner No.1 is rejected at this stage.
S. A. /M-620/L Petition partly accepted