Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of - [Murder-case]- Land in dispute in possession of accused party and at time of occurrence suit for possession filed by complainant against accused petitioners in respect of such land pending in civil Court-Each party, including petitioners, sustaining injuries at hand's of other party during ensuing free fight-All petitioners excepting one responsible for fatal lathi blow on head of deceased, allowed bail, in circumstances.                                                                                                                                            ORDER Bakhsha, Muhammad Nawaz, Abdul, Nasir, Zullah and Nura petitioners who along with three others are involved in a case under sec tions 148, 302 and 307 read with section 149, P. P. C., have moved this petition for bail. 2. According to the F. I. R. the prosecution version is that on the morning of 24th May, 1980, Adil complainant, Sultan and Murad P. Ws. while on way to the Bhaini of Murad, met Umar Hayat deceased, Sher Muhammad, Allah Ditta and Muhammad who were present in their cotton field. The deceased and his companions told them that the land dispute between them (complainant party) and the accused had been settled and they had come to that field to see the crop and to plough the remaining land as the accused had permitted them to occupy it. In the meantime, the petitioners alongwith co-accused Jahangir and Ramzan came there armed with lathis, Bakhsha petitioner abused Umar Hay at and his companions and asked him as to why he had entered upon the land, upon which Umar Hayat deceased told him that he had already permitted them to take possession of the land and so they (the members of the complainant party) were there, but if he had any objection, they would quit. Then Abdul, Zulla and Nura…