' Shameer, Aurang Zeb and Mumraiz Khan, respondents in Criminal Miscellaneous No, 3840-B/77, and Misri Khan, respondent in Criminal Miscellaneous No, 4121-B/77, were admitted to bail by the learned Sessions Judge, at Sargodha. The allegations against them were that on 14-6-1977 at Shamwela, together with one Phulla they caused the death of Fazal Ilahi deceased and made murderous assault upon Khan Zaman, complainant, and on Rab Nawaz. The complainant has moved these petitions for the cancellation of the bail granted to the respondents.
2. Both parties are resident of Katha Saghra and have their houses located in the same dera.
Mumraiz Khan respondent, is married to Mst. Badshahi Begum who was the daughter of Fazal Ilahi deceased and sister of Khan Zaman. It was alleged by the prosecution that Mumraiz Khan was maltreating Mst. Badshahi Begum and this had straitened the relations between the two parties.
On the day of occurrence Mumraiz Khan gave a beating to Mst. Badshahi Begum. This was resented by the deceased who protested with Mumraiz Khan and his father Aurang Zeb. There was au exchange of hot words among them. Aurang Zeb and Mumraiz threatened the deceased and Khan Zaman that they would teach them a lesson. Shortly thereafter, the deceased went to the house of Mumraiz Khan in order to bring his daughter. On the way he was met by the respondents and Phulla. The respondents were carrying dangs while Phulla had a hatchet with him. Misri Khan took the deceased into his grip and felled him on the ground. Phulla gave a hatchet blow on the bead of the deceased. Khan Zaman and Rab Nawaz who were watching the occurrence attempted to intervene but they were given soli blows by Shameer and Aurang Zeb. As a result Rab Nawaz received a lacerated wound on the scalp and Khan Zaman received a lacerated wound on the head and a contusion on the back. The deceased was removed to the hospital where he died ten days later. The doctor had found only one incised wound on his body it was located on the head.
3. The learned Sessions Judge admitted the respondents to bail mainly on the ground that the fatal blow to the deceased had not been attributed to them. It may be mentioned that Phulla is still in custody and the learned Sessions Judge had rejected his bail application.
4. Considering that the parties are closely related and live in the same dera and that the deceased suffered only one injury on his head I am inclined to agree with the learned Sessions Judge that the question whether the attack on the deceased by Phulla was in prosecution of the common object of all the respondents requires serious consideration. In the circumstances I am not prepared to interfere with the orders of the learned Sessions :A Judge.
5. The petitioner has alleged that the respondents are tampering with the evidence. If this is indeed so it will be open to the petitioner to move the learned Sessions Judge. After inquiring if the learned Sessions Judge finds substance in the allegations of the petitioner it will be open to him to cancel the bail granted to the respondents.
6. For the reasons stated above I find no merit in these criminal miscellaneous applications which are hereby dismissed.