Find a Lawyer

Criminal Revision No. 434 of 1979, decided on 30th May, 1979,

‑‑‑‑ S. 497‑Bail‑Cross‑cases filed by parties but party taking lead in aggression yet to be determined‑Order of Sessions Judge allowing bail fully supported by authority of Supreme Court‑Order, held, neither illegal nor perverse and called for no interference, in circumstances.

Ch. Muhammad Anwar Samma v. The State 1976 S C M R 168 fol.1

Shahid Hussain Kadri for Petitioner.

This is a petition under section 439, Cr. P.C. by Muhammad Ashraf petitioner against the order of the learned Sessions Judge, Gujrat, dated 5‑5‑1979, granting bail to Muhammad Latif respondent.

2. The brief. facts of the case are that at 5‑30 .p. m. on 16‑3‑1979, a dispute took place between two groups of persons over the construction of a house. Muhammad Latif respondent with three others happened to constitute one of the groups. Muhammad Latif respondent fired at the rival party and the pellets of his gun hit the forehead, cheek and the left eye of one Naseer Ahmad PW, a minor boy, permanently impairing the use of his left eye. Muhammad Latif respondent applied for bail before the Ilaqa Magistrate, which was rejected on 16‑4‑1979. He then applied for bail before the learned Sessions Judge, Gujrat, which was allowed on 5‑5‑1979. Being aggrieved by the said order, the petitioner has preferred the present revision petition, which is now before me for disposal.

3. The learned counsel for the petitioner has submitted that Muham mad Latif respondent had fired at the rival party with intention to com mit murder and that since grievous injury has been caused to Naseer Ahmad in his eye by the firing of the respondent, the respondent was not entitled to be admitted to bail.

4. I have given my anxious consideration to this case. The learned Sessions Judge, whilst admitting Muhammad Latif respondent to bail held that as there were crass cases between the parties, it yet remained to be determined as to which party was the aggressor. The learned Sessions Judge also referred to Ch. Muhammad Anwar Samma v. The State (1976 S C M R 168), in which it has been laid down that if the injuries found on the person of the injured are not sufficient to cause death to the ordinary course of nature or so imminently dangerous as in all probability likely to cause death, an accused charged with an offence under section 307, P.P.C. can be released on bail, if there is no allegation that he will otherwise abscond or tamper with the evidence, if admitted to bail. The finding of the learned Sessions Judge, supported by the authority of the Supreme Court quoted by him, makes out a case for bail. The order of the learned Sessions Judge is neither illegal nor perverse and no interference is called for in revision.

5. For the foregoing reasons, there being no merit in this petition, the same is dismissed in limine.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.