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1976 Criminal Miscellaneous No. 3075‑B of 1976, decided on 19th August

‑‑ S. 497/498‑Bail‑Deceased dying 3 months after occurrence ---Post‑mortem report showing cause of death as inflammation (infection) of internal organs as a result of surgical operation during which spleen of deceased removed‑,Fatal injury not specifically attributed to any of petitioners‑Bail granted in circumstances.

Mian Qurban Sadiq Ikram for Petitioners.

Muhammad Anwar But tar for the Complainant.

J. V. Gardner for A.‑G. for the State.

Date of hearing : 19th August, 1976.

This is an application for bail after arrest pending trial of Muhammad Bakhsh, Pir Bakhsh, Hashim Shah and Gulla whose applica tion for bail was rejected by the learned Sessions Judge, Mianwali on 12th July, 1976.

2. The learned counsel for the petitioners submits that Yasin deceased in this case was allegedly injured on 22nd February, 1976 but died on 9th July, 1976 and in view of the medical reports probability cannot be ruled out that the death occurred for reasons other than violence. The learned counsel for the petitioners further submits that even if the cause of death was injury to the spleen of Yasin the prosecution has no material with it to support that petitioners had knowledge that the deceased had enlarged spleen. The learned counsel for the State as also the learned counsel for the complainant have vehemently opposed the release of the petitioners on bail. The learned counsel for the State submits that all the four petitioners have been challaned for trial and their case is pending for Sessions' trial now. The learned counsel for the State and for the complainant further submit that originally the F. I. R. was registered on the very statement of the deceased in which all the four petitioners were named as accused having caused stick injuries on the vital' parts of the body of the deceased and their common intention with each other is shown by the results which ensued. According to the learned counsel for the State and the complainant the medical reports on record prove that the deceased died on account of violence.

3. The undisputed position of this case is that the occurrence tool place on 22nd February, 1976 while Yasin deceased died on 9th June. 1976. There are more than one medical reports and certificates which have been perused by me, the final report is post‑mortem examination in A which the cause of death is given as inflammation (infection) of the internal organs as a result of surgical operation which may be due to injury to spleen. In the F. I. R. which was lodged on the statement of the deceased himself Muhammad Bakhsh petitioner was attributed first stick injury on head while Gulla petitioner was attributed second stick injury also on the head as a result of which the complainant fell down on the ground and thereafter all the four petitioners before this Court allegedly started and continued causing injuries including two injuries which were described as multiple injuries and out of the total injuries only one was on the head region and the medical evidence does not disclose that head injury was cause of death rather it reveals that during the course of prolonged illness and hospitalization and after suffering injuries an operation was performed on the deceased during which his spleen was removed. Evidence does not consistent and uniform at this stage. The fatal injury is noi ally attributed to any of the petitioners. It will be premature to determine at this stage if all the petitioners were present and participated D or, not without expressing any opinion on merits and without going into detail lest it may prejudice the trial. I consider it a fit case to order release of all the four petitioners on bail pending their trial subject to ther furnishing security in the sum of Rs. 20,000 (Rs. twenty thousand) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bhakkar.

It will be open to the learned trial Judge to consider the question of cancellation of bail of the petitioners at any stage he considers fit.

Bail granted.

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