MALIK HAQ NAWAZ, J.---The petitioners have sought their post arrest bail in the case FIR No, 18/2016 dated 02-10-2016 registered under sections 224/336/506(ii)/147/337-A/34, P.P.C. at police Station Chatorkhand, District Ghizer.
2. Precisely allegations against the petitioners are that they while attending a wedding ceremony called son of complainant namely Shafique Raza and belaboured him and in consequences thereof he was critically injured. The petitioners 7 in numbers as, per complaint version after merciless beating threw his son in to a ditch but he survived luckily. The intention of the accused persons was to commit Qatl-i-amd of his son.
3. The petitioner/accused applied post arrest bail in the Court of learned Sessions Judge Ghizer, which was declined vide judgment/order 26-11-2016. The petitioners have assailed the said order by filing the instant petition for grant of bail under section 497, Cr.P.C. before this Court.
4. The learned counsel for the petitioners submits that two accused namely Sadam and Saleem, who were directly charged in the FIR, have been released by the Police under section 169, Cr.P.C., meaning thereby that the complainant has thrown a wide net to implicate as many persons as he can and the collusion of local Police with the complainant is very much apparent on record. The learned counsel for the petitioners further submitted that sections 337-A and 147 are bailable, while section 506(ii), P.P.C. has been deleted by the Police. The provisions of sections 324/ 336, P.P.C. have wrongly been applied just to make the offence heinous and the very attraction of these penal provisions is a question for further inquiry. There are apparent contradiction in between the version of complainant and the statements of two PWs namely Amir and Tajwar as both these PWs have materially contradicted the complainant. This inconsistency may be resolved in favour of the petitioners. The learned counsel for the petitioners relied on 1998 PCr.LJ 143, 2005 YLR 2508, 2009 YLR 472, 2010 GBLR 120 and 2014 PCr.LJ 740 in support of his contention.
5. The learned Dy. Advocate-General stated that the petitioners/ accused are directly charged in the FIR and a specific role of merciless beating is attributed to them. The act of the petitioners was one of the common intention and pre-concert and the provisions of sections 324, P.P.C. and 336, P.P.C. are fully attracted, which are not bailable and falls within the prohibitory clauses of section 497, Cr.P.C. The learned Advocate General prays that the order of learned trial Court be maintained which has been passed after due application of mind.
6. After hearing the parties and perusal of record with their assistance, it appears that the petitioners are though directly charged in the FIR but two co-accused namely Saddam and Saleem with similar role has been released by the I.O. under section 169, Cr.P.C., which adds a plus point to the arguments of learned counsel for the petitioners that a wide net was thrown by the complainant. Further no weapon of offence has been recovered from any of the petitioners except the accused Riaz son of Maqsad Aziz.
7. From the contents of FIR and the final Police report annexed with the petition it revealed that 7 persons were nominated in the FIR and similar role was attributed to all the accused. Out of 7 nominated accused two were released by the Police under section 169, Cr.P.C.
8. In the above circumstances, whether the role assigned to the accused was result of exaggeration to rope in as many person, as he could or in fact all the accused participated in the occurrence needs consideration and will be thrashed after recording of some evidence. The complainant has not raised any objection before any competent authority for redressal of his grievances regarding released of two nominated accused namely Saddam and Saleem by the Police under section 169, Cr.P.C. nor he has filed any private complaint in this regard. The opinion of Police is not binding on the Courts, but when there are large number of accused nominated in FIR and some were found innocent and their release by Police was not challenged by the complainant then benefit of doubt should be resolved in favour of accused and their participation may be viewed with suspicion till from the tentative assessment of material collected there exists a prima facie case against any of them.
9. The case of rest of the accused is distinguishable from accused Riaz, as reflected in MLR of the victim and final Police report the injuries were caused with a sharp edge weapon and a knife has been recovered from accused Riaz. The victim Shafique Raza has also charged him for inflicting injuries on his neck/throat.
10. As a result of above discussion accused Khurshid, Attaullah sons of Nafas Shah, Muhammad Iqbal son of Furdil, Usman son of Azam, all residents of Hasis are admitted to bail subject to their furnishing bail bounds of Rs, 500000/- (five lac) with two sureties in the like amount each to the satisfaction of trial Court. Bail up to the extent of accused Riaz son of Maqsad Aziz is declined.
11. The petition is disposed of in the above terms. File.