IN THE COURT OF
ADDITIONAL SESSIONS JUDGE
A Versus State
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Case FIR No.
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Offences
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Police Station
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302/324/148/149 PPC
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Post arrest bail
Petition.
2015
Present Rana Advocate for
petitioner.
Sheikh Advocate
for complainant.
DDPP for State.
This order will dispose off
the above titled post arrest bail petition of
the accused /petitioner in the
above noted case.
2. Brief
facts as alleged in the FIR lodged at
the instance of complainant are that wall of this house is adjacent to the
house of accused. That there is a dispute over wall between the parties which
was constructed by bother of complainant.
That on -.-.2014 at 07:00 PM, the complainant and his family were in
their house when the accused having Churra(s) arrived and raised Lalkara let complainant be given taste for demanding share of wall. Accused
made Churri blows on different parts of
body of complainant. When the complainant intervened, co-accused also made churri blows on complainant and then
co-accused made three churri blows on injured lying on ground. Present
petitioner and co-accused were catching the complainant and his brother in the
meanwhile injured succumbed to injuries
in the hospital where the complainant was also injured ruthlessly.
3 Learned
counsel for the petitioner submitted that petitioner is 86 years old. That
motive is not attributed to petitioner. There is joint allegation against three
persons of catching hold of two persons. That co-accused with similar role were
declared innocent by police. Any injury or blow is not attributed to
petitioner. Reliance is placed on 1999 P Cr.LJ 941, 2006 P Cr.LJ 97, 1999 P Cr.LJ 1874, 2000 SCMR 107, 1998 P Cr.LJ 9682007 MLD 1279.
4. Learned counsel for the complainant
submitted that petitioner is grandfather
of deceased as well as injured person. That on instigation of petitioner, an
unlawfully assembly was constituted by petitioner and others. That though the petitioner is an old man but
he has a good physique. That remaining accused are to be arrested. That
investigation is not complete. That application of the complainant against
Investigating Officer is pending before the CPO. Reliance is placed on 1998 LJ 351, 2008 P Cr.LJ 1555, 2000 P Cr.LJ 145, 2004 P Cr.LJ 1671.
6. Learned DDPP also opposed the bail Petition.
7. I have heard the arguments
and perused the record.
8. As per FIR, there is joint
allegation against petitioner and two others that they were catching hold of
complainant and his brother but it is not clear which person was caught hold by
petitioner. As per National Identity Card of petitioner copy whereof is filed
today, petitioner was born in the year 1928 and he is 86 years old, which is not denied by the prosecution and
complainant. Such an old age makes the role attributed to petitioner doubtful.
The motive is attributed to co-accused and not to petitioner. There is nothing
on record to establish instigation or commanding position of petitioner. Any
injury or blow is not attributed to
petitioner. At this stage, petitioner is not reasonably connected with the offence rather further
inquiry into his guilt is required. Therefore, petition is accepted subject to furnishing bail bonds in the sum
of Rs.100000/- with one surety in the like amount to the satisfaction of this
court. File be consigned to the record room after its due completion.
Announced
2014
Addl: Sessions
Judge
Certified that
this order consists of two pages, each page, dictated, corrected and signed by
me.
2014
Addl: Sessions
Judge
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