The petitioners, besides 10 others, allegedly attacked their opponents on 25-5-1990 at about `Degarwela' in the area of village Samrala, as a result of which Palwan was fatally injured and later on died in the hospital and four persons, namely, Tariq Hussain, Rehmat Bibi, Muhammad Ashgar and Fazal Bcgum were injured. They all received simple injuries, except Fazal Begum who also received a grievous one. From the accused side three persons also received injuries and out of them two were mentioned in the F.I.R. The motive for the crime was that the complainant party was helping one Muhammad Aslam. The matter was reported to the Police on the following day at 7-15 p.m. And case F.I.R. No.260 was registered at Police Station Kharian, District Gujrat, under section 302/307/325/148/149, P.P.C. All the four petitioners were arrested on 9-7-1990.
2. It is argued on behalf of the petitioners that there was an inordinate delay of 24 hours in lodging the F.I.R.; that Manzoor petitioner was not assigned any role in the occurrence; that Muhammad Boota petitioner was attributed no role in the incident and was declared innocent by the A.S.P., that Bagga petitioner, who is attributed simple injury to Muhammad Asghar P.W. Is about 80/85 years old; and that Hassan Muhammad petitioner is attributed only one simple injury to Mst. Rehmat Bibi P.W. And none to the deceased. Finally it is urged that the complainant party received 15 injuries in all and the number of these injuries does not commensurate with the number of the accused. In any case, it was a free fight in which both the parties used brickbats, the learned counsel adds.
3. The application has been opposed on behalf of the State as also by the complainant's counsel. It is contended that the accused party launched a concerted attack on the complainant party, fatally injuring one and causing injuries to 4 P.Ws., as a result of which they all incurred vicarious liability. It is urged that Muhammad Boota petitioner was subsequently declared innocent by the A.S.P. When the challan had already been sent up to the trial Court and in cross-version of the occurrence he admits his presence. According to the learned counsel. Hassan Muhammad petitioner is attributed an injury to a lady and he is even otherwise not entitled to the grant of bail.
Bagga petitioner, in the opinion of the learned counsel, was about 70 years old and enjoyed good health.
4. No overt act was assigned to Manzoor petitioner, while Muhammad Buata petitioner was declared innocent by a senior Police Officer though at a subsequent stage, and Bagga petitioner, according to the Police record, was about 70 years old. It appears to be a case of sudden flare-up as there was no previous enmity between the parties. For all these reasons Manzoor, Muhammad Boota and Bagga petitioners are granted bail if they furnish bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. Hassan Muhammad petitioner, who is attributed an injury to a lady, is, however, refused bail and his bail application is rejected.