' Muhammad Aslam petitioner has applied for post-arrest bail in a case registered against them vide F.I.R. No,420, dated 7-12-1992 under sections 302, 337-A(i), 337-F(i), 324, 365, 452, 148 and 149, P.P.C. At Police Station Saddar Shujabad, District Multan. While complainant, Khalil Ahmad has sought cancellation of bail of Allah Ditta, Fazal Bakhsh, Illahi Bakhsh and Muhammad Nawaz, through Criminal Miscellaneous No,667/CB of 1994 which will be disposed of by this single order.
Bail petition upto the extent of Ahmad Nawaz, petitioner No,2 is withdrawn by the learned counsel for the petitioner.
2. Brief facts of the case arising out F.I.R. Are that on 7-12-1992 at about 9-00 a.m. Muhammad Aslam petitioner armed with stick, Yasin, Muhammad Nawaz and Ismail armed with iron rods alongwith Allah Ditta son of Allah Dewaya, Ilahi Bakhsh and Allah Ditta son of Qadir Bakhsh, Fazal Bakhsh and Muhammad Hussain armed with Sotas, formed an unlawful assembly at Chah Bahadarwala in the area of Mauza Rasoolpur and in prosecution of the common object of their unlawful assembly committed murder of Hafiz Muhammad Ismail and Bahadar Khan and made murderous assault upon Hafiz Muhammad Khalil complainant, Elahi Bakhsh and Ghulam Rasool P.Ws. Motive alleged in the F.I.R. Was that the petitioner's side suspected that Hafiz Muhammad Ismail deceased was having illicit intimacy with Mst. Amna wife of Ahmad Nawaz and on 5-12-1992 Hafiz Muhammad Ismail deceased had outraged her modesty.
3. It is submitted by the learned counsel for the petitioner that the complainant has cooked up facts of the F.I.R.; that in fact the complainant's party was aggressor and they had committed murder of Allah Ditta son of Allah Dewaya for which Qasim, after disappointed from the police, lodged a private complaint against Muhammad Khalil (complainant), Ghulam Rasool, Naseer Bux, Elahi Bakhsh, Habib Ullah, Muhammad Hanif and Muhammad Nawaz and all these persons were summoned as accused after preliminary inquiry conducted by Munsif Khan Minhas, learned Civil Judge/Magistrate Section 30, Multan; that all these accused persons were allowed pre-arrest bail by the learned Additional Sessions Judge, Multan; that in the complaint case Hafiz Muhammad Khalil, the principal accused was also allowed pre-arrest bail; that Allah Ditta, Fazal Bakhsh and Elahi Bakhsh and Muhammad Nawaz co-accused of the petitioner were allowed bail by my learned brother Saeed-ur-Rehman Farrukh, J., vide his order, dated 16-1-1994 passed in Criminal Miscellaneous No,1721/B of 1993 while Muhammad Hussain and Muhammad Ismail accused were allowed bail by Mumtaz Munawar Niazi, Additional Sessions Judge, Multan vide his order, dated 11- 7-1994; that Muhammad Aslam petitioner did not cause any specific injury to any of the deceased persons; that the principle of consistency demands that the petitioner may also be allowed bail when the accused in the cross-case of counter-version are enjoying liberty through extraordinary concession of pre-arrest bail.
4. On the other hand contentions are opposed by Mirza Fayyaz Baig and Anwar-ul-Haq, Advocates for State as well as Sardar Latif Khan Khosa, Malik Muhammad Ali and Malik Muhammad Baqir Awan, Advocates for the complainant.
5. I have given considerate thought to the arguments advanced by learned counsel for both sides and gone through the record.
6. Hafiz Muhammad Khalil principal accused in the complaint case was allowed pre-arrest bail.
The petitioner deserves for grant of bail when the accused in the counter-version case are enjoying liberty through extraordinary concession of pre-arrest bail. The allegation against the petitioner Muhammad Aslam is of causing injuries to Ghulam Rasool P.W. The case of Muhammad Aslam petitioner is not distinguishable to that of Elahi Bakhsh, Allah Ditta, Fazal Bakhsh and Muhammad Nawaz, who are already on bail. Muhammad Aslam petitioner also deserves for the concession of bail on the basis of principle of consistency. It is yet to be determined that which party is aggressor and it can only be ascertained after recording evidence. This makes the case doubtful and that of further inquiry. This being the position, the petitioner, Muhammad Aslam is admitted to bail subject to furnishing his bail bonds in the sum of Rs,1,00,000 (Rupees on lac only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Shujabad, District Multan.
7. As regards Criminal Miscellaneous No, 667/CB of 1994, my learned brother Saeed-ur-Rehman, J.
Has exercised his discretion judiciously and no concealment of facts is proved. So, I am not inclined to interfere with it. Criminal Miscellaneous No,667/CB of 1994 has no merits and the same is dismissed.
8. The observations made in this order shall not affect the merits of the case.