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Criminal Miscellaneous No. 1334 of 1982, decided on 8th November, 1982.

-----S. 497: Bail, grant of - (Murder-case)---Fatal injuries to deceased attributed to co-accused and petitioner held responsible only for a simple abrasion on calf of deceased - Injury attributed to petitioner also requiring determination as to whether caused by a blow or fall - Case, held, one of further inquiry - Petitioner allowed bail, in circumstances.

Mian Arshad Ali Qureshi for Appellant.

Masood Akhtar for the State.

Amir Bukhsh has applied for the grant of bail in case F. I. R. No. 2 dated 10th August;,1982 under section 302/301/148 read with section 149, P. P. C. registered at Police Station Shujabad for the murder of Muhammad Bakhsh after the petitioner's earlier bail application was declined by the Sessions Judge, Multan on 16th September, 1982.

According to the prosecution the petitioner alongwith 4 others namely Altaf Hussain, Akram, Manzoor and Haji being armed with sticks and hatchets formed an unlawful assembly and in prosecution of the common object of the said assembly they killed Muhammad Bakhsh deceased and made a murderous assault on Habibur Rehman complainant son of the deceased. The role attributed to the petitioner is that during the occur rence, he inflicted a solitary stick blow on the left calf of the deceas ed. However, the fatal blows are attributed to Altaf and Akram co-accused of the petitioner. It is alleged that on the day of occurrence Altaf Hussain was picking dates from the date trees belonging to Muhammad Bakhsh deceased who took an exception to it. After exchange of an argument between them Altaf called out his companions including the petitioner who came to the spot and the present occurrence took place.

3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record and find that there are seven injuries on the person of the deceased, two of them are on the head which proved fatal and is also a fracture of his left arm. Out of the remaining four injuries, three are abrasions. The solitary injury attributed to the petitioner has been described a abrasion 1" x " on inner side of middle of right leg which obviously is a simple injury which can be suffered by a fall. In the peculiar circumstances of the case, in my view, it remains to be determined as to whether the injury attributed to the petitioner was the result of a blow or fall. The case of the petitioner is therefore, one of further inquiry.

4. For the foregoing reasons, I am inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/Resident Magistrate, Shujabad.

Bail granted.

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