Sardar Muhammad Dogar, J.- Petitioner seeks bail in the case registered against him and eleven others on 25-7-88 at Police Station Dinga, district Gujrat under Section 302/148/149 PPC for an occurrence said to have taken place on the same day.
2. The FIR was lodged by maternal uncle of the petitioner. In that, he stated that his sister's son Feroze Khan (co-accused of the petitioner) had purchased a buffalo from him and in exchange of the price he had also received a buffalo from Feroze Khan. As the bargain turned into loss, he asked Feroze Khan to return the buffalo but he refused. He stated that on refusal of Feroze Khan he brought back the buffalo forcibly.
While describing the occurrence he stated that he was present in his house along with Mukhtar Ahmad his nephew, Moghal Khan his cousin and Mst. Zarina his daughter. Suddenly they heard the sound of a fireshot. His nephew Mukhtar Ahmad went out armed with a rifle followed by them.
Mukhtar Ahmad fired a shot from his rifle. He along with his cousin Moghal Khan took position in the street. They saw the petitioner armed with a rifle, Rehmat, Feroze Khan and Bashir ahmad armed with guns, Mohammad armed with a rifle present on the roof of Sharif son of Raja. Ahmad armed with a rifle, Shabhir armed with a gun, Ghulam Muhammad son of Lai armed with a rifle, Ghulam Muhammad son of Raja armed with a gun, Mana armed with a hatchet and Mir armed with a spear were present on the Chubara of Taja son of Raja. Feroze Khan raised a lalkara that Oadar Dad be taught a lesson for having taken away the buffalo forcibly. After raising lalkara he fired a shot at him, a pellet of which struck him on the forehead. In the meantime Mst. Zarina came at the door and asked Feroze Khan etc. Not to fire at him. Feorze Khan fired the second shot which struck Mst. Zarina on the neck. The shot fired by Rehmat struck Mst. Zarina on the breast. She fell down and died there. The accused standing on the roof of Sharif and the accused present on the Chubara of Taja also continued firing shots from their weapons.
3. Regarding motive for the occurrence he repeated the fact of bargain of the buffalo which he had struck with Feroze Khan and of having taken back the buffalo forcibly.
4. Learned counsel for the petitioner contends that no allegation has been levelled against the petitioner of having caused any injury either to the deceased or to the P.Ws.; that only ineffective firing has been alleged against him; that Rehmat one of the accused named in the FIR alleged to have fired the fatal shot, was got discharged by the Police after investigation on coming to the conclusion that he was innocent; that all other accused except Feroze Khan have' already been released on bail and that he is in jail for the last about eleven months and there is no possibility of early trial of the case.
5. Learned counsel for the State while opposing the grant of bail has contended that apart from the fact that allegation has been levelled against the petitioner of having participated in the occurrence while armed with a firearm and having resorted to firing, the rifle alleged to have been held by him was also recovered from him. He has, however, not denied the factum of discharge of Rehmat co-accused of the petitioner and the release of other accused on bail except Feroze Khan.
6. The contention of learned counsel for the petitioner about the part played by the petitioner in the occurrence finds corroboration from the FIR. No allegation has been levelled against him of having even aimed particularly at any of the P.Ws. Even if the rifle was recovered from him, there is no evidence that any empties were recovered from the spot which wedded with the said rifle. The petitioner is in jail for the last about eleven months and all his co-accused except Feroze Khan against whom allegation has been levelled of having fired and caused injuries to the deceased, already stand released on bail. The case of the petitioner appears to be at par with that of his co- accused who have been enlarged on bail. He shall be released on bail provided he furnishes bail bonds in the sum of Rs. Twenty-five thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujrat.
Copy dasti on payment of usual charges.