Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 307, 436, 440.

Criminal Procedure Code (V of 1898) S. 497 (2)-Bail-Petitioner's name not finding mention in F.I.R. and case being further investigated into, bail allowed-Penal Code XLV of 1860), Ss. 307, 436 & 440. Dates of hearing: Ist and 2nd October, 1979.                                                                                                                     ORDER Criminal Miscellaneous No. 2951 /B of 1979 has been filed on behalf of Haji Faiz Muhammad and nine others while Criminal Miscellaneous No. 3103'B of 1979 has been made by Ghulam Nabi. Since both the, petitions arise out of the same occurrence, they are consolidated and will be disposed of together. 2. The occurrence in this case took place on the night of 6th and 7thMay, 1979 at 2-30 a. m. and the F. I. R. was lodged by Muhammad Inayat making allegations under section 307/436/148/149, P. P. C. and section 440, P. P. C. was added later on. According to the F. I. R., it is alleged that Ghulam Mustafa, Pir Muhammad, Muhammad Tufail, Haji Faiz Ahmed armed with rifles, Muhammad Ashraf, Nazar Muhammad. Ghulam Abbas, Muhammad Zaman armed with guns, Muhammad Sharif, Muhammad Yar, Muhammad Hayat, Safdar Ghulam Abbas son of Muhammad Nawaz, Muhammad Nawaz, Muhammad Siddiq, Muhammad Aslam and Muhammad Nawaz and Muhammad Inayat armed with kulhar is and sotas, having formed themselves into an unlawful assembly, fired at the place where the heaps of wheat were lying in the field of Muhammad Inayat complainant. It is also alleged that 2220 maunds of wheat was set on fire and was burnt to ashes and besides, a tractor and a wheat thresher were also burnt in that fire. It is admitted in the. F. I. R. that Ghulam Mustafa and others were- not delivering possession of the land which was purchased by Muhammad Inayat complainant and others and, therefore. on 11thApril, 1978, Muhammad Inayat, etc. got forcible possession of the…