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Criminal Miscellaneous No. 668-B of 1984, decided on 3rd April, 1984.

---S. 498--Penal Code (XLV of 1860), Ss. 302 & 34--Bail--No background of previous enmity existing between parties--Occurrence taking place all of a sudden--Accused according to First Information Report armed with ordinary sticks--Injury above right eye-brow of deceased which was sufficient to cause death in ordinary course of nature not attributed to accused--Remaining injuries simple in nature--Bail granted.

Mehar Ghulam Ali Mubashar for Petitioners.

Irshad Ahmad for the State.

Yara and Ghulam Rasul petitioners have moved this petition for bail in a case registered against them and two others under section 302134, P.P.C.

2. F.I.R. version is that on 18th October 1983 at about 10 a.m. the complainant, his mother Mst. Bano, his father Sohni and his brother Muhammad Iqbal deceased were going on a pathway passing from the land of Ghulam Rasul petitioner. Ghulam Rasul objected to it, upon which Iqbal deceased replied that they would use that way as it was a thoroughfare. This resulted into an exchange of hot words. Ghulam Rasul raised a Lalkara. Upon which co-accused Muhammad Amir armed with Chhuri and Yara petitioner and Dosa armed with sticks came there and attacked the deceased. Ghulam Rasul petitioner gave a stick blow hitting the inner side of his right thigh, Muhammad Amir gave him two Chhuri blows hitting his right eye and face. Yara petitioner and Dosa gave him one blow each hitting his left wrist. Muhammad Iqbal succumbed to his injuries in the hospital.

3. The learned counsel "for the petitioners contends that the occurrence took place all of a sudden and only simple injuries with small sticks are attributed to the petitioners, therefore, they are entitled to the concession of bail. The learned State counsel has opposed the prayer on the ground that specific overt act has been attributed to the petitioner.

4. I have gone through the relevant material. It appears that there was no background of previous enmity between the parties. The occurrence appears to have taken place all of a sudden when Ghulam Rasul petitioner objected to the use of pathway passing from his land. According to the F.I.R., the petitioners were armed with ordinary sticks. According to the post-mortem report, injury No.1 above the right eyebrow was sufficient to cause death in the ordinary course of nature. Under this injury the underlying bone was found depressed and brain substance was damaged. This injury is not attributed to the petitioners. The remaining injuries were simple in nature. In the circumstances, I admit the petitioners to bail in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.

M. Y. H. Bail granted.

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