This is a petition under section 498, Cr.P.C., by Muhammad Niaz and Munawar Hussain, petitioner for bail in respect of a case instituted against them and four others under section 302/148/149, P.P.C. At Police Station Shakargarh, District Sialkot, on 28-8-1986.
2. The prosecution case in brief is that on 28-8-1986 at about Peshiwela, the accused persons, namely, Munawwar Hussain, petitioner, armed with a revolver Muhammad Niaz alias Naz, petitioner, and Muhammad Nawaz, Muhammad Aslam, co-accused, all armed with Sotas, Muhammad Manzoor, co-accused, armed with a dagger, and Muhammad Younas, co-accused empty-handed, were present outside the shop of one Ibrahim Ansari. Muhammad Hussain deceased, son of Ghulam Hussain, complainant, was going to the shop to purchase lemon.
Muhammad Younas, co-accused, raised a Lalkara that Muhammad Hussain, deceased should not be allowed to go alive, as he had insulted the Insari Biradri fourteen days back and had also prevented their 14th August procession from passing through the Gujjar Mohallah. It is alleged that Muhammad Niaz, petitioner, inflicted a Sota blow on Muhammad Hussain, deceased, which injured his right index finger. Muhammad Nawaz and Muhammad Aslam, co-accused, then held the deceased by his left and right arms respectively, whereupon Muhammad Manzoor, co-accused, inflicted a dagger blow on the chest of the deceased, as a result of which he fell down and became unconscious. Sabir Hussain, Muhammad Ijaz and Muhammad Ashraf P.Ws. Were attracted by the noise and saw the occurrence. Munawwar Hussain, petitioner, to cause fear, fired ineffectively in the air and raised a Lalkara that if anybody came near, he would be killed.
3. I have heard the arguments of the learned counsel for the petitioner, the complainant and the State and have also perused the police file. According to the F.I.R. Munawwar Hussain, petitioner, is only alleged to have fired ineffectively at the end of the occurrence to create fear, and to scare away intruders. According to the challan submitted under section 173, Cr.P.C. It is submitted that no firing took place at the spot. No crime empty or lead bullet pieces were recovered from the spot.
The question, therefore, whether Munawwar Hussain petitioner, was present and was armed and did participate in the occurrence, as alleged, calls for further inquiry. Muhammad Niaz alias Naz, petitioner, is alleged to have inflicted a Sota blow on the index finger of Muhammad Hussain, deceased. According to the post-mortem report the injury on the right finger is an incised wound.
Muhammad Niaz, petitioner, is alleged to have led to recovery of a Sota with a blade. The recovery memo. Mentions the weapon as `Sota-cum-spear'. If a Sota-cum-spear was used by Muhammad Niaz, alias Niaz petitioner, it is not possible that the complainant would have failed to notice or mention the same in his F.I.R. However, presently as the F.I.R. Stands, Muhammad Niaz, petitioner, is alleged to have used a Sota, but the medical testimony does not corroborate this fact. It is submitted that the narration as given in the F.I.R. Seems to indicate some form of spontaneity in the development of the occurrence and not a pre--arranged assault, which statement cannot be totally. Ignored and would have to be examined by the trial Judge. Without going on the record as having given any finding in the matter, I would only say, for the limited purposes of this bail petition, that the evidence with the prosecution does not unequivocally lead to the reasonable inference that the petitioners are guilty of the offences imputed to them. They are, therefore, entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Muhammad Niaz and Munawwar Hussain, 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, Shakargarh.