RASHID AZIZ KHAN, J.- Ahmad Khan son of Shah Muhammad, Muhammad Anwar son of Karam Elahi and Muhammad Bashir son of Muhammad Din petitioner seek bail in a case registered against them and others with Police Station Dinga District Gujrat for offences under sections 302/324/337- A/2, 337- F/1, 2, 148/149 PPC. The case was got registered by Muhammad Rafique with the allegation that on 7.11.1995 at about evening time, he was coming home. When he reached near the house of Muhammad Siddique, he found that one Muhammad Hussain was calling them names. He forbade him which led to exchange of hot words. Said Muhammad Hussain left for his house, brought a hatchet and simultaneously called his companions whereupon petitioners alongwith some others also came there. Muhammad Hussain raised lalkara and gave a hatchet blow on the head of first informant's wife. It was followed by Muhammad Arshad who gave a hatchet blow on the ribs of first informant's wife. Muhammad Boota gave a hatchet blow on the head of first informant's daughter.
Thereafter Ahmad Khan petitioner gave a hatchet blow on the left foot of first informant's daughter Mst. Farzana. Muhammad Anwar petitioner gave a hatched blow on her had. Thereafter he .Also gave hatchet blow on the head of Rehmat Bibi.
2. It was contended by the learned counsel for the petitioners that after thorough investigation Ahmad Khan and Muhammad Anwar petitioners were held innocent and have since been placed in column No.2 of the challan. As far Muhammad Bashir petitioner is concerned, the Police gave a positive finding that he was not present at the spot therefore had not participated in the occurrence. Contended that in these circumstances, it has become a case of further inquiry which entitles him to the concession of bail. Contentions were opposed.
3. I have heard learned counsel for the parties and gone through the file. As far Ahmad Khan and Muhammad Anwar petitioners are concerned, they are named in the FIR. They were armed with hatchets and caused injuries to the injured ladies. Police during investigation recorded the statements of the eye-witnesses. All of them have named the above-mentioned petitioners as accused and have ascribed a specific role of causing injuries to the witnesses. Police during investigation, no doubt, has opined with regard to their innocence but no reason has been given for arriving at such a conclusion. The Police has not held that eye-witnesses were not present at the spot nor they have come to the conclusion that none of the ladies was injured. In these circumstances, it is held that the opinion expressed by the Police regarding the innocence of Ahmad Khan and Muhammad Anwar is without cogent reasons and not based on facts. Qua them no case for bail is made out. Application fails which is dismissed.
As far Muhammad Bashir is concerned, though he is named in the FIR but was not armed. No role whatsoever is ascribed to him. The Police has opined that he was not present at the spot. This opinion of the police is not in conflict with the prosecution version because none of the witnesses stated that he was armed or attempted to participate in the occurrence. In these circumstances, I feel he is entitled to the concession of bail. Petition only to the extent of Muhammad Bashir son of Muhammad Din is accepted. He is allowed bail provided he furnishes bail bonds in the sum of Rs.
1,00,000/- (one lac only) with to sureties each in the like amount to the satisfaction of Judicial/Duty Magistrate, Karachi.