This is a petition under section 497, Cr.P.C. By Muhammad Hanif and Maulu, petitioners, for bail in respect of a case instituted against them and four others under section 302/307/452/109/34, P.P.C.
At Police Station Bhalwal, District Sargodha, on 22-6-1986.
2. The prosecution case in brief is that on 22-6-1986 at 6-00 p.m. Ghulam Haider, complainant, along with his servants Muhammad Bashir and Ghulam Hussain, was sitting in his Baithak, when Muhammad Hanif, petitioner, armed with a rifle, sitting in a tonga, and Maulu, petitioner, armed with a gun, riding a bicycle, came there. Muhammad Hanif, petitioner, got down from the tonga, entered the door of the Haveli of the complainant and attempted to fire in the direction of the complainant, when he took cover. However, the fire of Muhammad Hanif, petitioner, hit Muhammad Bashir, deceased, on his left upper arm and right hip and Ghulam Hussain P.W. On his calf and left thigh. Both the deceased and the witness fell down. In the meantime Safdar P.W. Turned up, who caught Muhammad Hanif, petitioner, in his japha, but the petitioner managed to free himself and escaped, leaving the magazine of his rifle behind him. Maulu, petitioner, then fired at the witnesses, but missed. From the house of Muhammad Bashir, two/three fire shots were fired at the complainant party, which also missed. In self-defence, Ghulam Haider, complainant, also fired at the accused.
The motive for the occurrence was that in 1985, Haji Muhammad Iqbal and his son Muhammad Afzal, were murdered by Ghulam Haider complainant and six others. The said Haji Muhammad Iqbal was the father of Akbar, co-accused of the present case. The present murder was, therefore, to avenge the earlier one.
3. During investigation Salim, co-accused, was found to be the person who had fired from the house of Bashir son of Rehma at the complainant party.
4. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. In two investigations conducted by Abdul Hamid Khan, S.H.O., and Saeed Ahmad Khan, D.S.P. Bhalwal, it was found that Muhammad Hanif, petitioner, seated in a tonga, and Maulu, petitioner, riding a bicycle, were passing by the Haveli of Ghulam Haider, complainant, when the said complainant fired at the petitioners. Muhammad Hanif, petitioner, who was armed with a Kalashankov, and Maulu, petitioner, who was armed with a gun, fired in self-defence in the direction of the complainant, hitting Muhammad Bashir, deceased and Ghulam Hussain P.W. The police diary shows that Shabir Hussain, who had his house opposite to that of the complainant, and Muhammad Ghulam Rasool, Muhammad Gulzar and Allah Bakhsh, who happened to be passersby, supported the said version. Though the challan has been ordered to be filed against the petitioners and others as Muhammad Bashir, deceased, and Ghulam Hussain P.W. Were found to have been injured due to the firing of the petitioners, the plea of self-defence finds strong support from the evidence adduced before the police, which was found worthy of credence. In these circumstances, the question whether the petitioners were guilty of aggression, is one which calls for further inquiry. In this view of the matter, the evidence on the record does not unequivocally show that the petitioners can reasonably be stated to be guilty of the offence presently imputed to them.
5. For the foregoing reasons, this petition is accepted and Muhammad Hanif and Maulu, petitioners, 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, Bhalwal.