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Criminal Miscellaneous No. 3197‑B of 1976, decided on 23rd August, 1976.

--S.498‑Bail before arrest‑Petitioner, accused of murderous assault, responsible for inflicting grievous injuries to complainant with a hatchet‑Bail declined in circumstances.

Ch. Muhammad Siddique for Petitioner.

S. M. Anwar for the State.

The learned counsel contended that there was a delay of 17 hours in lodging the F. I. R. of this case; that it was a case of free fight and that the injuries of Mansha co‑accused had not been explained by the complainant in the F. I. R.

2. I have been taken through the F. I. R. of this case. The wall of Hussain fell into the courtyard of Zulfiqar P. W. due to rains and rain water started entering into the room of said Zulfiqar who asked Hussain to remove the mud from his courtyard and it led to exchange of abuses. On hearing noise, Muhammad Din alias Manna complainant alongwith his father Wali Muhammad and Nawab Din P. W., reached the spot and beseeched with Hussain co‑accused. Hussain started abusing Muhammad Din alias Manna complainant and threw a challenge. Hussain armed with stick, said petitioner armed with a hatchet and their co‑accused Sohna and Mansha attacked the complainant. Said opened the attack and gave hatchet blow to Muhammad Din alias Manna. The complainant warded it off by raising his hand with the result that his fingers were chopped off. More injuries were caused to his father Wali Muhammad and Nawab.

3. I have perused the medico‑legal report of the complainant. He had six injuries. Injuries Nos. 4 to 6 are with sharp‑edged weapon. Left little finger was chopped off anal there was profuse bleeding. Injuries ' No. 5 and 6 were on the left wing and left middle finger. This is a corroboration of the statement of the complainant that the blow landed his hand when he tried to ward off the blow. Learned counsel for the petitioner produced the medico‑legal report of Mansha. He has two injuries with sharp‑edged weapon and both injuries are of petty nature. Injury No. 1 was only skin deep. Since the petitioner was responsible for causing grievous injury with sharp‑edged weapon to Muhammad Din alias Manna complainant, I do not consider it a fit case for the grant of bail before arrest. The petition is dismissed. The order of interim bail is recalled. This order shall be without prejudice to the merits of the case. The learned Additional Sessions Judge shall dispose of the bail petition of the co‑accused on merits.

Petition dismissed.

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