This order will dispose of Criminal Misc. No, 637-B/2011, seeking post-arrest bail on behalf of Muhammad Akhtar Khan, the petitioner and Crl. Misc. No, 1365-B-2011 seeking pre-arrest bail on behalf of Muhammad Bakhsh, Abdul Ghani Abbas, Raheem Bakhsh and Muhammad Asghar alias Bannu, the petitioners in criminal case FIR No, 732 dated 5.10.2010, registered. under Sections 334, 324, 337-H(ii), 148, 149, PPC, at Police Station Jatoi, District Muzaffar Garh.
2. At the very outset of the arguments, the learned counsel (Mian Tahir Iqbal, Advocate) appearing on behalf of petitioners in Crl. Misc. No, 1365-B of 2011, seeks withdrawal of the petition to the extent of Raheem Bukhsh awl Muhammad Asghar Ali alias Bannu. Allowed. The petition to their extent is dismissed as withdrawn.
3. The prosecution case is that on the day of occurrence, Shahid Hussain alias Samundroo nephew of the complainant had gone to tend his cotton crop. On hearing the hue and cry of Shahid Hussain, the complainant and the witnesses rushed to the spot. Muhammad Akhtar, Abdul Ghani, Bhoral and Javed armed with clubs, Muhammad Bukhsh, the petitioner armed with hatchet, Abbas, Ayyaz alias Ajoo armed with pistols, Raheem Bukhsh, Muhammad Asghar alias Bannu armed with churries, Abdul Rehman armed with gun, Hazoor Bukhsh armed with iron rod three unidentified persons had caught hold of Shahid Hussain from his limbs and were carrying him towards their house. The complainant and the witnesses tried to rescue Shahid Hussain. Abbas accused is said to have fired in the air to scare the complainant party. All the accused abducted Shahid Hussain and took him to the `baithak' of Raheem Bakhsh Bhand. The people of the locality were attracted.
The complainant and the witnesses through the opened door of the `baithak' saw that Muhammad Akhtar Khan and Abdul Rehman, had caught of Shahid Khan from his arms, Javed had caught hold of Shahid Hussain from his legs. Ayyaz alias Ajoo and Bhoral caught hold of Shahid Hussain from his head. Rahim Bukhsh the accused was chopping of the nose and Asghar alias Bannu was chopping of the right ear of Shahid Hussain.
4. It is contended by the learned counsel (Syed Jaffar Tayyar Bukhari, Advocate) appearing on behalf of petitioner Muhammad Akhtar Khan that the petitioner is only alleged to have caught hold of Shahid Hussain from his arms. He is not assigned any other role; that he is behind the bars since 17.10.2010, challan has been submitted and he is no more required for further investigation; that his further detention will not serve any useful purpose; that numerous persons have falsely been roped in this case and in presence of at least 14 persons, it is rarely difficult to specify the role of each and every person; that the prosecution story seems to be a cocked case.
5. Mian Tahir Iqbal, Advocate appearing on behalf of the remaining accused in Crl. Misc. No, 1365- B-2011, contends that Muhammad Bukhsh and Abdul Ghani are only shown to be present at the place' of occurrence, they have not been attributed any role and Abbas is said to have resorted to ineffective firing and no empty has been effected from the place of occurrence.
6. The grant of bail is opposed by the learned counsel appearing on behalf of the complainant in both the cases and the learned DPG. It is contended that all the accused in furtherance of common intention of all the accused have committed a heninous offence in a gruesome manner, all are vicariously liable for the acts done by the others; that the nose and the right car of Shahid Hussain have been completely chopped off and he has been badly disfigured; that the challan has been submitted and the trial has already commenced. If released at this stage, the petitioners may hamper the trial. It is further contended that the petitioners seeking pre-arrest bail have been unable to show any mala fide on behalf of the complainant and the Police for their false implication. They are not entitled to the concession of pre-arrest bail. It is further contended that the petitioners seeking pre-arrest bail have concealed the fact that they have been successively moving bail applications and in each case have concealed the filing of the earlier application; that the petitioners having been granted ad-interim pre-arrest bail in earlier application, they failed in submitting the surety bonds.
7. I have heard the learned counsel for the petitioner, the learned counsel for the complainant, the learned DPG and have also gone through the record.
8. Muhammad Akhtar Khan, the petitioner is alleged to have caught hold of Shahid Hussain, the injured from his arm. He is behind the bars since 17.10.2010. His further detention will not serve any useful purpose. He is granted post-arrest bail subject to furnishing bail bond in the sum of Rs, 2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.
9. The remaining petitioners Muhammad Bakhsh, Abdul Ghani and Abbas seeking pre-arrest bail in (Crl. Misc. No, 1365-B-2011) have been unable to show any mala fide on the part of the complaint.
They are not entitled to the concession of pre-arrest bail. The petition to their extent is dismissed.