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Criminal Miscellaneous No. 7518 of 1982, decided on 7th February, 1983.

--S. 497-Penal Code (XLV of 1860), S. 302/34-Bail, grant of ---Names of petitioners, part played, weapons used as well as injuries inflicted by them mentioned to F. I. R.-Two out of three petitioners causing injuries to deceased while third petitioner giving him shoe beating when deceased lying injured on ground-Bail declined, in circumstances.

Malik Wazir Ghazi for Petitioners.

Malik Allah Yar Mahay-for the Complainant.

Sh. Dilawar Hussain for the State.

This is an application for bail on behalf of Ghulam Haider and Abdul Jabbar petitioners in a case under section 302/34, P. P. C. registered at P. S. Daira Din Pariah, vide F. 1. R. No. 94/82, dated 14th June, 1982. During the hearing of this petition, I issued a suo motu notice to Misri Khan co -accused to show-cause as to why the bail granted to him by the learned Sessions Judge be not cancelled.

2. The prosecution case is that the petitioners and others including Misri Khan launched murderous assault upon Khuda Bakhsh on 13th June, 1982 at 11.00 p. m. in Chak No. 649/T. D. A. and thereby caused his death.

3. As for Ghulan Haider and Abdul Jabbar petitioners it has been alleged that they were armed with sotas and inflicted injuries on the person of the deceased. As for Misri Khan respondent it has been stated that when Khuda Bakhsh after receiving injuries at the hand of Ghulam Haider and Abdul Jabbar was lying on the ground, Misri Khan injured him with his shoes by causing injuries on the back of his chest and on his buttocks.

4. The learned counsel for the petitioners has submitted that it was night occurrence. The presence of Abdul Karim and Kala is not natural as it was not turn of their water; that the petitioners have not caused fatal blow and the injuries attributed to them have been found simple in nature that Misri Khan co-accused who allegedly caused simple injuries with his shoes has already been allowed bail by the learned Sessions Judge and that there is a long-standing enmity of Ghulam Haider with Abdul Karim, the eye-witness. To show the enmity, the learned counsel has relied upon various documents.

As for Misri Khan, his learned counsel has defended the order where by he was granted bail by the learned Sessions Judge on the ground that his case was distinguishable inasmuch as he was empty-banded and had no motive to attack the deceased.

The learned counsel for the State has, however, opposed this petition.

5. After hearing the learned counsel for the parties, and going through the record I find that the names of the petitioners; the part played by them; the weapons used by them, and the injuries inflicted by them are mentioned in the F. I. R. 1 further find that according to the F. I. R. add the statement of the witness recorded under section 161, Cr. P. C., Ghulam Haider and Abdul Jabbar petitioners caused injuries on the person of the deceased although simple and that Misri Khan co-accused put off the shoe and gave injuries with it on the back of the chest and buttocks of Khuda Bakhsh when he was lying injured on the ground and as such he gave beating with shoes to a dying person. The medical evidence shows that there were multiple abrasions on the back of his chest and buttocks of deceased. To my mind, the learned Sessions Judge has not properly appreciated the matter. As for the point raised by the learned counsel for the petitioners, the same requires deeper appreciation, which I am afraid cannot be made by this Court at this stage.

6. For what has been stated above, the plea for bail of Ghulam Haider and Abdul Jabbar petitioners is rejected and the bail granted to Misri Khan by the learned Sessions Judge is, hereby, cancelled. He shall be detained in jail as an undertrial prisoner.

S. G. D. Bail refused.

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