' Nausher son of Hammad and Javed Iqbal son of Nausher seek bail in case registered vide F.I.R.
No,412, with Police Station Saddar, Faisalabad, on 20-5-1999, under section 302/34, P.P.C., for causing the death of Muhammad Yaqoob and making murderous assault on Muhammad Farooq and Muhammad Ishaque.
2. Allegation contained in the F.I.R. Authored by Muhammad Khalid is that on the day of occurrence he alongwith Muhammad Yaqoob deceased, Muhammad Farooq and Muhammad Ishaq were standing in the Gali in front of their house when Fateh Sher armed with a gun, Nausher with a Sota and Javaid also with Sota came there and raised a Lalkara, whereupon Fateh Sher fired with his gun which hit Muhammad Yaqoob on his left flank. Nausher wielded his Sota hitting Muhammad Farooq on his head whereas Javaid Iqbal with his Sota injured Muhammad Ishaque by giving blow on his head. Motive for the occurrence is stated to be a fight in the morning with Nausher on some personal matter.
3. Post-arrest bail was declined by the Additional Sessions Judge, Faisalabad on 9-10-1999.
4. Learned counsel for the petitioner contends that fire-arm injury was caused to the deceased by Fateh Sher. The only allegation against the petitioners is that they gave blunt weapon injuries, to Muhammad Farooq and Muhammad Ishaque. Injury on the person of Muhammad Ishaque is labelled as Shajjah-i-Mudihah whose punishment is five years to the maximum whereas injury by Javaid is Shajjah-i-Khafifah whose punishment is two years. Conversely learned counsel for the complainant has stated that there is total application of section 34, P.P.C., as the petitioners facilitated the act to Fateh Sher who murdered Muhammad Yaqoob; the injuries and recovery of Sotas from the possession of petitioners prove their comp/ city in the crime. Learned State Counsel has adopted the arguments of the learned counsel for the complainant.
5. I have taken in consideation arguments of the respective counsel and have also seen the record.
6. Admittedly the injuries caused by the petitioners to Muhammad Farooq and Muhammad Ishaq are of blunt weapons. They are in continuous incarceration since 28-5-1999 and 10-6-1999 respectively; as to how far the acts of the petitioners would amount to facilitation of commission of murder committed by the co-accused is yet to be determined by the trial Court after the trial. For the present no injury having been caused by the petitioners to the deceased, they have been successful in making out a case of further inquiry and probe. Resultantly accepting application, I enlarge the petitioners on bail provided they furnish security in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the trial Court.