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Criminal Miscellaneous No. 1 of 1982, decided on 26th May, 1982

----Ss. 526 & 497-Bail, grant of-Sentence, suspension of---Cross ver sions before trial Court yet came against petitioners decided resulting in their conviction whereas their cross-case not disposed of at same time-No injury attributed to two of petitioners in F. I. R but pro secution witnesses making improvement at trial-Complainant and prosecution witnesses also failed to explain injuries sustained by one of petitioners---Petitioners admitted to bail till decision of their appeal, in circumstances.

D. M. Awan for Petitioners.

Bashir Ahmad Bait for the State.

The five petitioners, namely, Muhammad Iqbal, Nasim Khan, Akbar Khan, Riaz Ahmad and Muhammad Ashraf were convicted by Magistrate Section 30, Faisalabad, on 24th April, 1982, for offences under section 148, 307/149, P. P. C. They were sentenced to undergo rigorous imprisonment for one year each under section 148, P. P. C. and five years' rigorous im prisonment and a fine of Rs. 1,000 each for offence under section 307/ 149, P. P. C. Both the substantive sentences were ordered to run con currently. Both Iqbal and Ashraf petitioners remained in custody for eleven months and fourteen days and it was ordered by the trial Court that this period shall be deducted from the sentence awarded.

2. I have been taken through the F. I. R. of this case. Except for Akbar Khan petitioner, the remaining petitioners were stated to be armed with knives. Akbar Khan carried chhuri at the time of occurrence. In the F. I. R., no injury was attributed to Nasim Khan and Akbar Khan petitioners, but during the trial, the prosecution witnesses made improve ments and attributed injuries to these two petitioners also. Muhammad Iqbal had inflicted two knife blows; first blow hit Muhammad Yaqub P. W. on the back of the right side of the chest and second on the arm. Muhammad Ashraf was attributed injury on the left side of the back of chest of Muhammad Yaqub P. W. but medico-legal report does not show any injury on the left side of the back of chest. The injury attributed to Riaz was found simple in nature. Muhammad Yaqub received six injuries in all. Four were found simple in nature. There was a cross-version of the occurrence. A complaint was filed by Noor Khan, a relative of the petitioners alleging that Muhammad Yaqub and others had constituted an unlawful assembly and made murderous assault and caused injuries to Muhammad Iqbal petitioner and one Salim Raza. These two persons were medically examined on l0th May,. 1981, at 8-25 p.m. and the doctor gave the duration of injuries as fourteen to sixteen hours. The occurrence had taken place on 9th May, 1981 at 5-30 p.m. The duration is always pro bable. There could be a margin of few hours on either side. The com plainant and the other witnesses failed to explain the injuries of these two persons. The learned Magistrate after recording the preliminary evidence kept complaint pending till the decision of the challan case. It wars not in accordance with law. There were two versions of the same occurrence, and both the cases should have been tried and disposed of at the same, time. In. view of the facts that no injury had been attributed to Nasim and Akbar petitioners in the F. I. R. and the prosecution witnesses made improvements and except for one injury assigned to Iqbal on the right std of the back of the chest, the other injury attributed to Riaz was found simple in nature and injury attributed to Ashraf P. W. was not found in the medico-legal report and the complainant and the prosecution witnesses failed to explain the injuries of Iqbal petitioner and Salim Raza, I admit all the petitioners to bail in the sum of Rs. 5,000 (Rupees Five Thousand) with one surety each in the like amount to the satisfaction of A. C., Jaranwala, till the decision of the appeal.

Bail allowed.

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