' Abdul Sattar and Muhammad Ramzan petitioners through the instant petition seek post-arrest bail in case F.I.R. No,95, dated 24-3-2002 under sections 324/148/49, P.P.C. Registered with Police Station, Shah Jamal District Muzaffargarh.
2. Briefly the prosecution case as per F.I.R. Is that on 24-3-2002 at about Maghrab prayer time Haji Nazir Ahmad armed with Sota, Liaqat Ali with Sota, Abdul Sattar (petitioner) with Sota, Muhammad Ramzan (petitioner) with Sota and Ghulam Shabbir with pistol in prosecution of the common object of the unlawful assembly formed by them have caused injuries to the husband of the complainant Mst. Haleema Bibi on the various parts of his body. Ghulam Shabbir pointed pistol and said that whosoever came near would be killed. They thereafter left the spot and went to their houses with their weapons.
3. The motive behind the occurrence is that five years ago the case of the murder of the uncle and brother of the accused party was registered against their (complainant) side. In the same, the husband of the complainant was acquitted while her son was convicted and sentenced. He is in jail in that connection. In order to avenge that murder, the accused have committed the above act.
4. It has been contended on their behalf that they have falsely been roped in; that two of their co- accused namely Haji Nazir Ahmad and Liaqat Ali have been found innocent and Abdul Shakoor and Ashraf were substituted for them as accused/culprits; that no specific injury of the injured has been ascribed to them; that enmity between the parties is admitted and their implication in the case is due to the same; that Abdul Sattar (petitioner No,1) was less than 16 years of age at the time of the alleged incident while Muhammad Ramzan (petitioner No,2) is one year younger to him and so they are Juvenile/minor and are entitled to be released on bail on this score alone; and that they are behind the bars for the last more than one year and previous non-convicts.
5. Conversely, the learned State Counsel has opposed the petition on the ground that they are named in the F.I.R.; that they alongwith their co-accused Haji Nazir Ahmad and Liaqat Ali had caused Sota blows to Habib Ullah, the husband of the complainant on the different parts of his body and his both legs had been fractured; that the motive is also ascribed to them; and that the offence does fall within the prohibitory clause of section 497(1), Cr.P.C.
6. T have carefully considered the submissions made from both sides with the help of available record.
7. Allegedly, they and their co-accused Haji Nazir Ahmad and Liaqat Ali had caused Sota blows to Habib Ullah, the husband of the complainant at his legs and other parts of the body. There is with the petition the certified copy of the report under section 173, Cr.P.C. Submitted in the case. The same shows that Abdul Shakoor and Muhammad Ashraf were substituted as accused/culprits for said Haji Nazir Ahmad and Liaqat Ali.
8. Besides than this, no specific injury of the injured Habib Ullah is ascribed to them. The enmity between the parties is admitted as is obvious from the F.I.R. So the case against them needs further inquiry into their guilt and the same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
9. There is also with the petition the photo copy of birth entry of Abdul Sattar (petitioner No,1).
According to the same, his date of birth is 6-8-1986. The incident as said above had taken place on 24-3-2002. He, therefore, at that time was less than 16 years of age while admittedly, Muhammad Ramzan (petitioner No,2) is younger to him. On this score as well they are entitled to bail. They are stated to be behind the bars for the last more than one year and previous non-convicts. In these circumstances I accept this petition and admit them to bail in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.