Law:

Section:

Criminal Procedure Cods (V of 1898)--- S. 498---Bail-Petitioner not initially named in report made by Sub-Inspector of Police as one of assailants-Injured persons refusing to make statement before S. I.----Case, held, fit for grant of bail-­Refusal of bail on ground of petitioner being described as principal trouble monger and incident having created alarm in area so much so that D. I. G. and Deputy Commissioner had to visit area, held, not based on legal evidence-Bail confirmed. JUDGMENT MUHAMMAD GUL, J.---On 12-2-1975 Dil Mohammad S. I. P. S. Bahawalpur Saddar, having received information that village Rajeywala has been scene Elf serious rioting between Ch. Ali Muhammad and his tenants, and feelings were still running high, he alongwith a contingent of constables and a head constable hurried to the village. There he found Ch. Ali Mohammad, his son Haider Ali Khalid and a servant Mohammad Sharif lying injured on the cots. Of them the latter two had been tied to the cots by their limbs and seven person, namely Hoot, Mohammad Latif, Abdul Hamid, Nazir Ahmad, Ghulam Nabi, Bashir Ahmad and Matlub Ahmad were keeping watch over them. The three injured complained of acute pain in different parts of then bodies, but refused to make any statement before the S. I. about the incident until they were first medically examined. This obliged the S. I. to draw up and sign the report on his own initiative and send it to the P. S. Saddar, Bahawalpur for the registration of the case. It is however important to point out that on this report, Mohammad. Rafiq the petitioner herein is not named as one of the assailants or even among those who were keeping watch over the three injured. The three injured were medically examined on 13-2-1975. Ch. Ali Mohammad had 13 injuries, all of which were with blunt weapons. Haider Ali had 10 injuries, of which, one was by sharp-edged weapon and rest by blunt weapons. Mohammad Sharif had 9 injuries, of which one was by sharp-edged weapon and the rest by blunt weapons. All injuries were declared simple though some of the injuries were kept under observation. Ch. Ali Mohammad and Haider Ali were also X-rayed for the discovery of any possible…

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