Cr. Misc. No. 306-B-1972 and Cr. Misc. No. 405-B/1972 are connected matters, the former having been moved by Muhammad Anwar and Muhammad Ali, petitioners, for anticipatory bail in a case under section, 302, P. P. C., and the latter for cancellation of interim bail allowed to them by my brother Muhammad Munir Farukee, J. vide his Lordship's order dated 14-2-1972.
2. Normally this case should have been listed before my brother M. M. Farukee, J. but his Lordship declined to deal with it subsequently.
3. In support of the petition for bail, learned counsel for the petitioners contend, firstly, that there has been an unexplained delay of 24 hours in the lodging of the report which clearly indicated consultation and conference; secondly, that there are no allegations of any previous bad blood between the parties and it appears to be a case of a sudden flare up; thirdly, that Muhammad Anwar petitioner is an educated person and employed as a Headmaster, Government Middle School, Chak No. 30-J.B., and, being the leading member of his party, has been falsely implicated, and, lastly it is submitted that none of the two injuries found to have been sustained by Bashir deceased in the case attributed to the petitioners in the F. I. R.
4. On the other hand, it is contended by learned counsel for the petitioners in Cr. Misc. No. 405- B/1972 supported by the learned counsel for the State that in their Police statements all the prosecution witnesses have specifically and consistently attributed a blunt weapon injury to Muhammad Anwar petitioner. Secondly, the presence of Muhammad Ali petitioner at the relevant time is fully established by the existence of several injuries on his person as indicated by the Medico-Legal Report produced by learned counsel for Muhammad Ali and Muhammad Anwar petitioners. Lastly, it being a case of murder punishable with death or transportation for life, the interim bail allowed to the petitioners should not be confirmed.
It is futher submitted that in the circumstances of the case the application of section 34 of the Pakistan Penal Code having been appropriately invoked* none of the petitioners can escape constructive liability of the murder.
5. Having heard the learned counsel for the parties, I am of the view that the interim bail allowed to Muhammad Ali petitioner cannot be confirmed for the reason that his presence at the relevant time stands fully established. It is stated by his learned counsel that having failed to get a cross- case registered with the local Police, Muhammad Ali has filed a complaint against four members of the opposite party under sections 148 and 307/149, P. P. C. This is no stage to consider the plea of self-defence. Accordingly I decline to confirm the interim bail allowed to Mohammad Ali.
6. The case of Muhammad Anwar, petitioner, however, stands on a different footing. Admittedly there has been delay of 24 hours in the lodging of the report. He is an educated person having obtained U. A. and B. Ed. degrees and is stated to be employed as a Headmaster of a Middle School. Having regard to the usual tendency to rope in the leading member of the family coupled with the delay in the lodging of the report further considered in the light of his qualifications and employment in Government service which would prima facie eliminate chances of his abscondence. I confirm the interim bail already allowed to him. .