Sajid Hussain Shah, Abid Hussain Shah and Zulfiqar Ali Shah petitioners have moved this petition for bail in a case registered against them and others under sections 148, 302 and 307 read with section 149, P. P. C.
2. The case of the prosecution is that on 25th December, 1979 at 7 p. m. There was a quarrel between Nazir Ahmad shopkeeper on one side, and the petitioners and Faqir Shah and Aslam Shah on the other. Nazir Ahmad objected to the holding of Majalis at night by the petitioners who belong to Shia sect, saying that such Majalis caused them disturbances at night. He advised the petitioners to hold the Majalis during the day or early in the morning as the Pesh-Imam of the Sunni sect delivered sermon in the morning. Upon this Sajid Hussain Shah petitioner told Nazir Ahmad P.
W. That their Maulvis talk nonsense early in the morning and at the same time started abusing him.
Nazir Ahmad asked him to behave and thereupon all the petitioners and their co-accused Aslam Shah and Faqir Shah caught hold of him and started beating him. In the meantime Muhammad Afzal deceased, Muhammad Ali, Waheed Ahmad. Jamshed, Shafiq alias Nanna, Muhammad Aslam and Qazi Akbar came there and tried to rescue Nazir Ahmad. Abid Hussain Shah and Zulfiqar Ali Shah petitioners gave Khanjar blows to Muhammad Afzal deceased hitting his back and Sajid Hussain Shah petitioner fired revolver shots hitting the deceased, Waheed Ahmad, Jamshed and Shafiq alias Nanna. Co-accused Faqir Shah gave Barchhi blows to Aslam and Qazi Akbar.
Muhammad Afzal deceased succumbed to his injuries at the spot.
3. The learned counsel for the petitioners contended that the place of occurrence was away from the shop of Nazir Ahmad and near the Imam Bargah and six cases have been registered against the rival group for arson, loot and rioting, etc. He submitted that it is yet to be determined by the trial Court as to who was aggressor, therefore, it is a case of further inquiry. He further submitted that no weapon was recovered from any of the petitioners and the deceased died due to --- general firing---.
4. I have gone through the relevant material and given any careful consideration to the arguments addressed by the learned counsel for the parties. The mere fact that the place of occurrence was near the Imam-- Bargah is not by itself sufficient to show that the complainant party were the aggressors or that the accused party had acted in self-defence. It is conceded that none of the accused in this case sustained any injury during this occurrence while on the complainant side one person lost his life and as many as six sustained injuries. The petitioners are named in the F.I.R. And specific role of having caused injuries to the deceased had been attributed to them. The prosecution version is supported by as many A as six injured eye-witnesses. Abid Shah and Zulfiqar Shah petitioners are alleged to have caused Khanjar blows to the deceased and Sajid Shah petitioner is alleged to have fired at him. The deceased had sharp-edged as well as firearm injuries on his person. The medical evidence thus lends support to the ocular version. In the circumstances, I do not consider it a fir case for the grant of bail.