Ghulam Abbas petitioner has moved this petition for bail in a case registered against him and others under section 302/34 of P.P.C.
The prosecution version is that on 3-6-1985 at 6.00 p.m. Ijaz Ahmad complainant was present in his haveli. Muhammad Hussain, Muhammad Iqbal, Muhammad Alam deceased and his son Bagga were also with him. In the meantime, Ghulam Abbas petitioner, Ghulam Sarwar armed with Sotas, Amjad with Dang and Muhammad Shaft empty handed came there. Muhammad Shafi raised a Lalkara that Ijaz complainant should be killed. The complainant picked up his 7 MM rifle and was getting up when Ghulam Abbas petitioner gave a blow on his left wrist as a result of which the rifle fell from his hand. The petitioner picked it up and fired at Ijaz but he stepped aside and the fire hit his tenant Muhammad Alam deceased. The companions of the complainant tried to apprehend the accused persons upon which co-accused Ghulam Sarwar gave a Sota blow to Iqbal P.W., in self-defence, gave two hatchet blows to Ghulam Sarwar. In the meantime, many villagers gathered at the spot and separated the parties. The accused persons fled away from the spot taking the licensed gun of the complainant. Muhammad Alam was being taken to Civil Hospital, Baddo Malhi but he expired on the way.
2. Learned counsel for the petitioner contends that during investigation version was found wholly false the petitioner has been declared innocent by Inspector C.I.A. And two other Senior Police Officers namely Abdul Wasey, D.S.P. And Ghulam Muhammad Kalyar, D.S.P., have come to the conclusion that the deceased was actually hit by the fire of the complainant.
Learned counsel for the complainant, on the other hand, submits that the occurrence took place in the day light and fatal injury has been attributed to the petitioner, therefore, no ground for bail is made out. He submits that Bagga P.W., the son of the deceased, has fully implicated the-petitioner and his co-accused.
Learned State counsel has also opposed the prayer for bail.
3. I have gone through the relevant material. Besides the local Police, the case was investigated by an Inspector and two Deputy Superintendents of Police. During investigation Ghulam Sarwar Inspector came to the conclusion that, Ghulam Abbas petitioner, Ghulam Sarwar, Muhammad Shafi and, Amjad accused were absolutely innocent. According to him, during investigation it transpired that the complainant had aimed the rifle at Ghulam Abbas petitioner, the deceased intervened and asked them not to fight, but the complainant fired his rifle and A the deceased was hit by his fire. The two D.S.Ps. Have also arrived at the conclusion that the deceased was hit by the fire of the complainant and this finding is based on sufficient material. All the co-accused of the petitioner are already on bail. In the circumstances, I admit the petitioner to bail in the sum of Rs.20,000 (Rs. Twenty thousand) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Sialkot.