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Criminal Miscellaneous No. 253‑B of 1982, decided on 15th March, 1982.

‑‑--Ss. 497 & 498 and Penal Code (XLV of 1860), S. 307/34‑Bail Charge of attempt to murder‑Accused A in Jail for 23 days and not causing grievous injury‑Accused B in Jail for about six months and alleged injuries attributed to him not declared dangerous to life‑Question of application of S. 307, P. P. C. requiring serious consideration‑Bail granted.

‑‑---Ss. 497 & 498 and Penal Code (XLV of 1860), S. 307/34 Bail‑Attempt to murder‑All witnesses examined under S. 161, Cr. P. C. implicating accused N and injuries attributed to him declared collectively dangerous to life----Question whether accused N same person named in F. I. R. or not to be gone into at trial ----Petitioner, held, not entitled to grant of bail.

‑‑--S. 307/34 and Criminal Procedure Code (V of 1898), S. 173 Challan not submitted till six months without any justification---- Police directed to submit challan before trial Court within a week.

Muhammad Latif Wahla for Petitioner.

Zawar Shah for the State.

Date of hearing : 15th March, 1982.

This is an application for bail on behalf of Bashir Ahmad, Allah Ditta and Nadeem alias Mushtaq in a case under section 307/34, P. P. C. registered at Police Station, Mumtazabad vide F. I. R. No. 370, dated 22nd August, 1981.

2. The prosecution case is that the petitioners in furtherance of their common intention launched murderous assault upon Ghulam Mustafa, Muhammad Anwar and Muhammad Nawaz on 21st August, 1981 at ll p. m. in the area of Sameejabad.

It has been alleged that Basbir Ahmad while armed with sota inflicted six injuries on the person of Ghulam Mustafa complainant, out of which one injury. which has fractured the nasal bone, was declared grievous. Allah Ditta caused two injuries on the person of Muhammad Anwar with sota which were declared simple. Nadeem caused 5 injuries on the person of Muhammad Nawaz P. W. with sota which were declared collectively dangerous to life.

3. At one stage, Allah Ditta was allowed bail by the trial Court but the same was cancelled by the learned Additional Sessions Judge vide his order dated 21st February, 1982.

4. Learned counsel for the petitioners submits (1) that the petitioner, Bashir and Nadeem are in jail since September, 1981 and the challan has not been submitted so far ; and (2) that the name of Nadeem alias Mushtaq was not mentioned in the First Information Report and that Nadeem alias "Mushtaq" was introduced for the first tinge in the supple mentary statement of the complainant.

5. As against this learned counsel for the State assisted by the learned counsel for the complainant has seriously opposed this petition.

6. After hearing the learned counsel for the parties, I find that Allah Ditta has not caused any grievous injury to Muhammad Anwar and that the injuries allegedly caused by Bashir Ahmad have not been declared dangerous to life and, as such, the question of the application of section 307. P. P. C. requires serious consideration. Bashir Ahmad is in jail for a the last about six months and Allah Ditta also remained in jail for about 23 days. They are allowed bail in the sum of Rs. 10,000 (rupees ten thousand) each with one surety each in the like amount to the satisfaction of the trial Court/Duty Magistrate, Multan.

As far as Nadeem is concerned. the question whether he is the same person who has been named in the F.I.R. or not will be gone into at the time of the trial particularly when all the witnesses examined under section 161, Cr. P. C. have implicated Nadeem petitioner. The injuries attributed to him have been declared collectively dangerous to life. To my mind, he is not entitled to the concession of bail at this stage. The application qua him is, therefore, rejected.

7. The police has not submitted the challan for six months without justification. Muhammad Anwar A. S. I. present in Court is directed to submit the challan before the trial Court within seven days positively otherwise action will be taken against him. 8. It would, however, be open to Nadeem petitioner to move for bail after the submission of challan, if any, fresh ground arises in the course of events.

M.Y. H. Bail granted.

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