' Saif-ur-Rehman petitioner has moved this petition for cancellation of bail allowed by the learned Additional Sessions Judge, Faisalabad, to Bashir Ahmad alias Bashira respondent in a case under section 302/34/109, P.P.C. This petition and Criminal Miscellaneous No.3526/B of 1989 moved by Muhammad Saleem accused for bail are being disposed of by this order.
2, The prosecution version is that on 31-10-1988 at 10-00. p.m. Saif-ur- Rehman complainant, his brother Aziz-ur-Rehman, their father Abdur Rehman and Abdul Aziz son of Ghtilam Ahmad were present at their Dera when Bashir alias Bashira respondent and Younas alias Yona armed with .12 bore guns, Muhammad Nazir alias Jeera armed with Sota and Muhammad Saleem petitioner in Criminal Miscellaneous No.3526/B of 1989 armed with a gun, came there. Bashir alias Bashira respondent raised a Lalkara that Aziz-ur-Rehman would not be spared and simultaneously Younas alias Yona fired at him hitting his chest where after Muhammad Saleem, petitioner in Criminal Miscellaneous No.3526/B of 1989, fired at him hitting his right arm. Aziz-ur-Rchman ran into the Kotha to save his life but Bashir respondent followed him and tired at him hitting his left armpit.
Abdul Aziz and Abdur Rehman tried to intervene, upon which Muhammad Nazir alias Jeera gave three-Sota blows to Abdur Rehman and two blows to Abdul Aziz. The occurrence was also witnessed by Abdul Rehman son of Umar Din and Ata Muhammad who admonished the accused persons. Aziz-ur-Rehman succumbed to his injuries at the spot.
' A land dispute between the parties is stated to be the motive for the offence. According to the F.I.R., the land on which the occurrence took place was purchased by the complainant party from Muhammad Boota, deceased husband of Mst. Razia Bibi, and they had obtained a stay order from the High Court. Muhammad Bashir alias Bashira and Younas alias Yona were helping their sister Mst. Razia Bibi in getting possession of the said land.
3. Learned counsel for the petitioner submits that Bashir alias Bashira respondent is named in the F.I.R. With a specific role, the injury attributed to him was on a vital part and ultimately proved fatal and he has been challenged along with other accused, therefore, there was no justification to grant him bail on the basis of the opinion of a Police Officer particularly when prosecution is supported by injured eye-witnesses.
' On behalf of Bashira respondent it has been submitted that he was found innocent during investigation by different Investigating Officers, including an officer of the rank of A.S.P. Learned counsel subMits that during investigation it transpired that at the time of the present occurrence he was admitted in hospital having received injuries in an incident which took place 5/6 hours prior to the present occurrence.
4. Learned counsel for Muhammad Saleem petitioner in Criminal Miscellaneous No.3526/B of 1989 contends that aforesaid petitioner had no motive to join hands in the commission of crime and he has been falsely implicated. It is submitted that the complainant party was not in possession of the disputed land when this occurrence took place.
5. I have considered the submissions made at the Bar in the light of material available on the record. The grounds which weighed with the learned Additional Sessions Judge for allowing bail to Bashir Ahmad alias Bashira respondent were that the opinion of the Investigating Officer was supported by sufficient material; his medico-legal report revealed that he was examined in the hospital at 10-20 p.m. On the same day and the duration of injuries was about 4 hours, meaning thereby that he sustained injuries pricer to the present occurrence which took place at 104) p.m.
The learned Additional Sessions Judge further observed that the F.I.R. Of this case was completely silent about the injuries of Bashir Ahmad accused which fact too supported the view that he had suffered injuries in the earlier incident. Perusal of the file further reveals that the case was also investigated by the A.S.P. Who came to the conclusion that presence of Bashir accused at the spot was not established. In the circumstances, the reasons given by the learned Additional Sessions Judge for granting bail are supported by sufficient material. 1, therefore, do not feel inclined to interfere with the order granting bail.
' As regards Muhammad Salcem, petitioner in Criminal Miscellaneous No.3526/B of 1989, the prosecution version is that he fired at the deceased hitting his right arm. This version is supported by the medical evidence. Injuries Nos.4, 5 and 6 were on the right arm. In the circumstances no ground for the grant of bail to aforementioned Muhammad Saleem is made out. Both the petitions are, therefore, dismissed.