' The petitioner seeks post arrest bail in case FIR No, 282 dated 14.08.2015 registered under Sections 302, 147/148, PPC at Police Station, Langrana, District Chiniot on the allegation that they along with Mst. Afzal Bibi attacked upon the complainant party for taking revenge for expelling Mst.Afzal Bibi from their house. They allegedly caught hold of Sikandar Hayat (deceased) the father of the complainant, and started beating with fists and kicks blows resulting into his death on the spot.
Motive behind the occurrence was that said Afzal Bibi was widow of brother of the complainant namely, Mulazim Hussain, who has dispute with the complainant party and which made her left the house of the complainant.
2. Arguments heard. Record perused.
3. Although the petitioners are specifically nominated in the FIR with joint allegation of beating Sikandar Hayat (deceased) with their kicks and fists blows but the autopsy of the deceased conducted on 14.08.2015 reveals only two injuries i,e, abrasion below near the right elbow and incised wound on the left palm. The report of Pathologist does not show any extraordinary changes in the heart, lungs and brain of the deceased. Significantly, the complainant has also filed a private complaint on 7.9.2015 in which specific role has been ascribed to the petitioners of injuring the deceased with the help of sota and axe as improvement in the earlier said version. The question as to whether death of Sikandar Hayat, deceased, was caused due to injuries mentioned in the FIR will be answered by the trial Court after recording of evidence. Mst.Afzal Bibi, co-accused, the daughter, in law of the deceased has been granted bail by the Court of learned Additional Sessions Judge. The possibility cannot be ruled out that the prosecution had widened the net so as to involve them being closely related inter se, since Rab Nawaz is father of Muhammad Imran and Usman.
4. For what has been discussed above, this petition is allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,1,00,000/-each with two sureties each in the like amount to the satisfaction of the trial Court.