This is a petition under section 497/498, Cr.P.C. By Farman Ali and four others, petitioners Nos. 1 to 5 for bail in respect of a case instituted against them and two others under section 302/307/324/148/149, P.P.C. At Police Station Zaffarwal on 1-4-1985.
2. Faiz Ahmad and Muhammad Sharif, co-accused are brothers. Farman Ali, Abdul Razzaq alias Muhammad Razzaq and Abbas Ali, petitioners, are the sons of the said Faiz Ahmad, co-accused, whereas Muhammad Akbar alias Akbar Ali and Muhammad Sadiq, petitioners, are the sons of the said Muhammad Sharif, co-accused.
3. The prosecution case in brief is that Asghar Ali son of Muhammad Sharif, co-accused, had abducted the were of a brother of Sabir Ali, complainant, in respect of which a case under the Hudood Ordinance has been registered against him and others. The petitioners were, therefore, trying to pressurise the complainant party to withdraw the case. A number of false cases were instituted at the instance of the accused party against the complainant party, which were also found false. On 31-3-1985 at about 7.00/8.00 p.m. When Hameed Ullah, deceased, and Sabir Ali, complainant, were returning to their homes after seeing T.V. And whilst they were passing by outside the Heveli of Faiz Ahmad, co-accused, the said Faiz Ahmad, co-accused armed with a Sota, Muhammad Sharif, co-accused, empty-handed, Farman Ali and Abdul Razzaq, petitioners, both armed with Khanjars, Abbas Ali, petitioner, armed with a Drat, and Muhammad Akbar and Muhammad Sadiq, petitioners armed with Chhuris, who were sitting in a bush, came out and Faiz Ahmad, co-accused, raised a Lalkara that the deceased should be caught and made to taste the fruits of his unwillingness to enter into a compromise. Abbas Ali, petitioner then inflicted an injury on the head of Hameed Ullah, deceased with his Drat. Abdul Razzaq alias Muhammad Razzaq, petitioner, then inflicted an injury with his Chhuri on the deceased's left shoulder. The deceased fell down. Faiz Ahmad, co-accused, then inflicts a Sota injury on the left wrist of the deceased. Sabir Ali P.W. Intervened to save his brother and snatched the Sota from Faiz Ahmad, co-accused, and with the same inflicted an injury on Muhammad Sharif, co-accused. Farman Ali, petitioner, meanwhile, inflicted an injury with his dagger near the left armpit of Sabir Ali P.W. Sabir Ali P.W. Also inflicted a Dang blow on Muhammad Akbar, petitioner. The incident was witnessed by Rashid Ahmad and Muhammad Rafiq.
4. I have heard the arguments of the learned counsel for the petitioners and the State. Abdul Razzaq alias Muhammad Razzaq, petitioner, and Muhammad Sharif, co-accused, were injured in the case the former having five simple injuries of which one was incised, and the latter having seven injuries, of which two were incised, one of them being grievous. A cross-case instituted at the instance of Abdul Razzaq alias Muhammad Razzaq, petitioner, was found to be false and cancelled.
Abdul Razzaq alias Muhammad Razzaq, Abbas Ali and Muhammad Sadiq, are specifically attributed to have inflicted injuries with sharp-edged weapons on Hameed Ullah, deceased, which find support from the post-mortem examination report. They are, therefore, not entitled to be released on bail. Farman Ali and Muhammad Akbar alias Akbar Ali are not attributed to have injured the deceased, but to have injured only Sabir Ali P.W. The injuries on Abdul Razzaq alias Muhammad Razzaq, petitioner and Muhammad Sharif, co-accused, have not been adequately explained. After the evidence is recorded, the case may turn out to be one of sudden fight. Without going on the record as having given any finding in the matter, 1 will only state, for the limited purpose of this bail petition, that Farman Ali and Muhammad Akbar alias Akbar Ali are entitled to be released on bail.
5. For the foregoing reasons, this petition is partly accepted and Farman Ali and Muhammad Akbar petitioners Nos. 1 and 4, are released on bail, subject to their furnishing security in the sum of Rupees Thirty Thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Narowal.
6. The petition qua Abdul Razzaq alias Muhammad Razzaq, Abbas Ali and Muhammad Sadiq, petitioners Nos.2, 3 and 5, is dismissed.