Criminal Miscellaneous No. 921-B/82 has been filed by Ilam Din, Kala and Manoon petitioners while Criminal Miscellaneous No. 922-11/82 has been filed by Muhammad Ali petitioner. Since the petitioners in both the petitions are seeking bail in the same case, both the petitions are being disposed of by the same order.
2. Mr. Khalid Farooq Qureshi, Advocate learned counsel for Ilam Din, Kala and Manoon petitioners has stated that he does not press the bail petition in so far as Ilam Din and Kala petitioners are concerned, as he intends to file their bail petition later on, supported by some affidavits and other documents. The petition qua these two petitioners, is, therefore, disposed of as not pressed.
3. The petitioners have been named in case F. I. R. No. 215 registered on the statement of Din Muhammad at Police Station Mustafabad, District Kasur on 27th September, 1981, for an occurrence which took place on 26th September, 1981, at about evening time in the streets of village Kalian at a distance of 5 miles from the Police Station.
4. Briefly, the allegations are that the petitioners Muhammad Ali armed with a dang and Manoon armed with a saria (iron rod) alongwith five others attacked the complainant Din Muhammad on the lalkara raised by Tai Din, their co-accused, as a result, of which Niamat Ali, Salamat Ali, Nazir and Khurshid Begum received injuries. Niamat Ali died after about three months i. e. On 28th December, 1981 in the hospital and the offence under section 302/307, P. P. C. Was added. The case was earlier registered under section 308/ 148/324/ 149, P. P. C.
5. Motive for the occurrence was that the complainant who had been requesting Tai Din etc. That they should make permanent arrangements for the outlet of their water which used to flow in the streets, slipped on the day of occurrence and cursed Taj Din etc. That he had fallen because of their water, as a result of which Taj Din started abusing him. When complainant retaliated, Taj Din called out his associates, as a result which this occurrence took place.
6. Learned counsel for the petitioners have argued that there is no allegation against the petitioners of having caused any injuries to the deceased ; no doubt one injury on the person of Salamat Ali has been declared to be grievous but the same is on a non-vital part i. e. 1 metacaipal bone of the thumb is stated to be fractured. All other injuries which are alleged to have been caused by Manoon and Muhammad Ali petitioners have been declared to be simple. It is further argued that in spite of the fact that the Police Station was at a distance of 5 miles from the place of occurrence, the F. I. R. Was lodged after a considerable delay of 24 hours, emphasis has been laid on the fact that ultimately the case may turn out to be one of sudden fight. It is contended that in any case: the case of further enquiry is made out in the case of these two petitioners.
7. Learned counsel for the State has opposed the bail. It is contended that the petitioners are vicariously liable that specific allegations of having" caused injuries to the P. W. Have been levelled against them.
8. I have considered the arguments advanced by the learned counsel for the petitioners as well as by the learned counsel for the State, and have gone through the record. There is no denying the fact that the F. I. R has been lodged with a delay of 24 hours and that no injury has been ascribed to the petitioners, in so far as the deceased is concerned; no doubt one of the injuries on the person of Salamat Ali is grievous but that also has not been specifically alleged against anybody, apart from the fact that it is on a non-vital part.
In the circumstances, there are no reasonable grounds to believe than the petitioners Muhammad Ali and Manoon are liable for the offence under section 302, P. P. C. I feel; a case of further enquiry is made out Both the petitioners, namely Muhammad Ali and Manoon are admitted to bail provided they furnish bail bonds in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kasur.