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Criminal Miscellaneous No. 709‑B of 1976/BWP, decided on 30^th November 1976.

---S. 497‑Injuries attributed to 'petitioner charged with offences tinder S. 302/149/148, P. P. C., found simple and application under Ss. 149/148 is yet to be determined‑Petitioners admitted to bail, in circumstances.

Riaz‑ud-Din Ahmad for Petitioners.

M. M. A. Pirzada for the State.

A case is registered against the petitioners along with Yaqub, co‑accused under section 302/148/149, P. P. C. The background of this case is that Liaqat Ali deceased had cut a joke with Mst. Muhammad Bibi, daughter of Muhammad Anwar petitioner. 1n order to retaliate, it is the case of the prosecution that Muhammad Anwar petitioner armed with a hatchet, Abdul Ghani petitioner armed with a hatchet, Abdul Sattar petitioner armed with a dung and Yaqoob co‑accused (not before me) armed with .12 bore gun lay in hiding in a garden until the sisters of Liaquat Ali deceased passed therefrom. It is stated that Mst. Naseem held by Abdul Sattar petitioner and on the alarm of Mst. Naseem as well as Mst. Parveen, Liaquat Ali deceased was attracted to the scene of crime alongwith other P. Ws. Thereafter, it is stated that the three petitioners with their respective weapons caused injuries to Noor Muhammad, father of Liaquat Ali deceased Munawar Hussain, brother of the deceased, and Mst. Parveen, sister of the deceased. Mst. Naseem did not receive any injury. Then it is stated that Yaqub co‑accused fired three times through his guts and his shots hit Liaquat Ali deceased who died on the spot. It is argued by the learned counsel that the three petitioners did not cause any injury to the deceased. According to the medical evidence Mst. Parveen received five injuries, which were caused by blunt weapon and were simple in nature. Munawar Hussain received 15 injuries, which were caused by blunt weapon and were declared simple in nature. Noor Muhammad received 13 blunt weapon injuries out of which one on the finger was declared grievous as it had led to fracture and the rest were declared simple. The post‑mortem examination report of Liaquat All deceased reveals that he had died as a result of the fire‑arm injuries. It is submitted by the learned counsel that as a whole simple injuries had been attributed to the petitioner and that it was yet to be determined as to whether section 148/149, P. P. C. were applicable to the instant case. Learned counsel for the 'state has examined the medico legal reports and he is not in a position to controvert the stand taken by the learned counsel for the petitioners. Without expressing any opinion on the merits of the case. I allow bail to the petitioners subject to I their furnishing security in the sum of Rs. 10,000 (Rupees ton thousand only) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bahawalnagar. This petition stands disposed of.

Petition allowed,

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