Criminal Miscellaneous No. 2951/B of 1979 has been filed on behalf of Haji Faiz Muhammad and nine others while Criminal Miscellaneous No. 3103/B of 1979 has been made by Ghulam Nabi. Since both the petitions arise out of the same occurrence, they are consolidated and will be disposed of together.
2. The occurrence in this case took place on the night of 6/7-5-197 at 2-30 a. m. And the F. I. R. Was lodged by Muhammad Inayat making allegations under sections 307/436/148/149, P. P. C. And section 440, P. P. C. Was added later on. According to the P. I. R., it is alleged that Ghulam Mustafa, Pir Muhammad, Muhammad Tufail, Haji Pal:. Muhammad armed with rifles, Muhammad Ashraf, Nazar Muhammad, Ghulam Abbas, 'Muhammad Zaman armed with guns, Muhammad Sharif, Muhammad Yar, Muhammad Hayat, Safdar, Ghulam Abbas son of Muhammad Nawaz, Muhammad Nawaz, Muhammad Siddiq, Muhammad Aslam and Muhammad Nawaz and Muhammad Inayat armed with kulharis and sofas, having formed themselves into an unlawful assembly, fired at the place where the heaps of wheat were lying in the field of Muhammad Inayat complainant. It is also alleged that 2,220 mounds of wheat was set on fire and was burnt to ashes and besides, a tractor and a wheat-thresher were also burnt in that fire. It is admitted in the F. I. R.
That Ghulam Mustafa and others were not delivering possession of the land, which was purchased by Muhammad Inayat complainant and others and, therefore, on 11-4-1978, Muhammad Inayat, etc. Got forcible possession of the land from Ghulam Mustafa and others for which a criminal case was registered.
3. Bail has been sought on the grounds that the offences of which the petitioners are accused are not punishable with death, imprisonment for life or imprisonment for ten years and that the petitioners have been held innocent by an Inspector, C. I. A., who earlier investigated the case.
4. Sultan Ahmad, Inspector Crimes Branch, is present. He has con--firmed that Inspector, C. I. A., had held the petitioners as innocent. He has also informed that the investigation so far as the recovery is concerned is complete and the persons of the petitioners are no more required by the Police for further investigation.
5. Though it is alleges: that there was a firing made by the petitioners yet nobody is stated to have been injured. It has also been admitted by the counsel for the complainant, Mr. Muhammad Shaukat Tarar, that nobody was aimed at while firing was made by the petitioners. No injury has been sustained with any other kind of weapon also. Learned counsel for the complainant has, however, opposed the bail on the ground that F. I. R. Was lodged with promptitude and the accused caused a loss of about three lacs to the complainant. He also argued that the accused party (though he has not specifically named any of the petitioners) on 12/13-5-1979 invaded the house of one Nawaz and a case under section 307, P. P. C. Has also been registered against them. Thus, according to the learned counsel for the complainant, the conduct of the petitioners is so unfair that they are not entitled to the concession of bail.
6. According to the learned counsel for the petitioners, section 436, P. P. C. Is not applicable, instead section 435, P. P. C. Is applicable which is punishable with imprisonment for seven years; section 440, P. P. C. Is punishable with five years; and though section 307, P. P. C. Is punishable with imprisonment for life, in care hurt is caused, but in this case nobody is stated to have been aimed at by firing nor any person has been injured either by firing or by any other weapon.
7. In view of the fact that the petitioners have been held to be innocent by Inspector, C. I. A., and the case is now being further investigated by the Crimes Branch and in view of the further fact that the name of Ghulam Nabi is not mentioned in the F. I. R., and other connected circumstance mentioned above, the case of the petitioners is covered by subsection (2) of section 497, Cr. P. C. I allow bail to the petitioners in both the petitions the sum of Rs. 25,600 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Hafizabad.