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Criminal Miscellaneous No. 177-B of 1982, decided on 9th June, 1982.

-- S. 497 -Injury attributed to petitioner not on vital part of injured-Petitioner in jail for over six months-Challan submitted in Court but without any progress-Other co-accused already on bail-Petitioner granted bail in circumstances of case-Penal Code (XLV of 1860) S. 307.

M. Bilal for Petitioner

Shahid Iqbal, A. A.-G. for the State.

Date of hearing : 9th June, 1982.

The petitioner alongwith two others is involved in a case under section 307/34, P. P. C. registered with Police Station Phalia, District Gujrat, under F. I. R. No. 108, dated 28th October, 1981.

2. The prosecution story in nutshell is that on 26th October, 1981 at about 5-30 p. m. in the area of village Dhrekan, Tehsil Phalia, District Gujrat, the petitioner armed with revolver and his co-accused Sarfaraz and Javed armed with sticks in furtherance of their common intention attacked Mahdi Khan complainant. Javed and Sarfaraz raised lalkara while Rashid Ahmad, the petitioner fired complainant, which hit him at his left leg. The petitioner repeated the fire shot but the victim escaped. The occurrence was witnessed by Ghulam Qadir and Khuda Buksh (P.Ws.) The learned Additional Sessions Judge, by order dated 7th April, 1982 rejected the bail application of the petitioner, hence this petition.

3. Learned counsel for the petitioner contends that the injury attri buted to the petitioner was neither serious in nature nor on vital parts of the body and, therefore, prima facie, the case is not covered under the provisions of section 307, P. P. C.

4. Mr. Shahid Iqbal, learned Assistant Advocate-General has oppo sed the bail application. His contention is that a specific role has been attributed to the petitioner in the F. I. R. Ghulam Qadir and Khuda Baksh (P.Ws.) have clearly implicated the petitioner in their statements under section 161, Cr. P. C. which is also supported by the medico-legal report.

5. I have heard the arguments of the learned counsel for the parties and gone through the record. I would not like to express any opinion on the merits of the case at this stage which is the function of the trial Court. The petitioner is, however, entitled to the concession of bail on the short ground that the injury attributed to him is not on the vital part of the injured. Additionally, the petitioner is in jail for over six months. The A challan has been submitted in the trial Court on 19th November, 1981 but with no progress. The other co-accused have already been released on bail. I am, therefore, inclined to release the petitioner on bail on hi furnishing bond in the sum of Rs. 20,000 (Rupees twenty thousand) wit two sureties each in the like amount to the satisfaction of the Duty Magistrate, Phalia.

Bail allowed.

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