Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No. 1375/B of 1983, decided on 15th November, 1983.
---S. 497--Penal Code (XLV of 1860), S. 307--Bail, grant of Pellets of very small size hitting injured person in his abdomen as well as on nostril--Gun appearing to have been discharged from distant range- Question whether petitioner intended to cause death of injured person, held, would require further inquiry, in circumstances--Petitioner allowed bail.
Athar Rehman Khan for Petitioner.
Shahid Latif for the State.
Fazal Masih is accused of having fired a gun-shot at Muhammad Rafique P.W. as a result of which he received two pellet injuries one in the abdomen and the other on right nostril. He was admitted in the hospital on 7-5-1983 and discharged from there on 15-5-1983. Ultimately the injuries were declared as simple by the doctor vide his report, dated 18-7-1983.
2. Having remained unsuccessful before the Addl. Sessions Judge, the petitioner has moved this Court for the grant of bail.
3. It has been argued on behalf of the petitioner that no doubt the petitioner allegedly fired at Muhammad Rafique P.W. but the injuries suffered by him are simple in nature and as such the provisions of section 307, P.P.C. are not attracted to the facts of the case.
4. As against this learned counsel for the State vehemently opposed the grant of bail saying that the injury though simple in nature was caused with a fire-arm which is seated on the most vital part of the victim i.e. abdomen and as such the petitioner can safely be saddled with the "intention to kill" Muhammad Rafique.
5. I have considered the arguments of both the learned counsel carefully. The dimension of the injury shows that the pellets of very small size have hit Muhammad Rafique P.W. in his abdomen as well as on his nostril. The gun seems to have been discharged from a distant range, that is why small damage appears to have been caused underneath the injuries. In the circumstances, it would need further inquiry as to whether the petitioner really intended to cause his death or not. I am, therefore, 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 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the A . C . /Duty Magistrate, Burewala:
S. G. D. Bail granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer