This is an application under section 497/498, Cr.P.C. For grant of post arrest bail to the petitioners in a case registered against them under section 324/336/34, P.P.C. With Police Station Mehmood Kot, District Muzaffargarh vide F.I.R. No. 155 dated 19-10-1995.
2. Brief facts are that Muhammad Iqbal brother of Muhammad Aslam petitioner got registered the above case alleging that his sister Mst Mukhtiar Ma; was married with Shamira Khan. Iqbal Hussain, whose land is situated in the neighbourhood of Muhammad Iqbal's land, developed illicit relations with Mst. Mukhtiar Mai. Some years back Iqbal Hussain abducted Mst Mukhtiar Mai and a case was got registered against him. She was recovered and restored to Muhammad Iqbal and she started putting up residence with Muhammad Iqbal and petitioner Muhammad Aslam on account of her strained relations with her husband. Iqbal Hussain again revived his illicit liaison with Mst Mukhtiar Mai. On 19-10-1995 at 11-30 p.m. Complainant Muhammad Iqbal and his brother were awaken on the barking of dogs. They found that Iqbal Hussain was sitting with Mst. Mukhtiar Mai in their Haveli.
They tried to apprehend him. Iqbal Hussain allegedly tried to attack Muhammad Iqbal and Muhammad Aslam with a 'Churri'. He was caught hold and was injured. The matter was reported to the police and a case under section 452, P.P.C. Was registered against Iqbal Hussain on the statement of Muhammad Iqbal. He was arrested in the case F.1.R. No. 155 dated 19-10-1995 and has been released on bail.
3. It is alleged that later on with the connivance of the main accused Iqbal Hussain who is very rich and influential person a counter version was concocted and petitioners alongwith two others were involved in a case under section 324/336/34, P.P.C. On the allegations that in fact Iqbal Hussain was given beating by petitioners and their two co-accused when he was passing near their house and petitioners were arrested in the said case.
4. Medical report shows that Iqbal Hussain received as many as 30 injuries on his person. The Investigating Officer is present, who states that co-accused of the petitioners, namely, Khadim and Muhammad Iqbal are yet to be arrested.
5. Learned counsel contends that the petitioners are innocent and there is no evidence to connect them with the commission of the alleged crime. He further submits that non-arrest of co-accused of petitioners Khadim and Iqbal does not disentitle the petitioners for grant of bail as they were arrested on 29-1-1996 and since then they are in jail. He further submits that this is a case of two versions and it is yet to be determined whether the petitioners committed the alleged offence or Iqbal Hussain victim committed the offence of house-trespass as alleged by Muhammad Iqbal complainant. Learned State Counsel has opposed the bail application.
6. I have heard the learned counsel for the parties and have gone through the record. This is a case of further inquiry as it is yet to be determined whether the version put forward by Muhammad Iqbal complainant is correct or that of Iqbal Hussain. The petitioners are in jail for the last more than three months and the investigation of the case has not been concluded so far. In this view of the matter, I am inclined to release the petitioners on bail. They are accordingly admitted to bail in the sum of Rs.30,000 (Rupees thirty thousand) with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Kot Addu. The petition accordingly succeeds and is allowed.