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Criminal Miscellaneous No. 354-B of 1982, decided on 31st March, 1983.

-- S. 497 read with Penal Code (XLV of 1860), S. 307-Bail, grant of-[Attempted murder]-One of petitioners causing only simple injuries to victim of murderous assault while nothing certain as to whether other petitioner or co-accused, already released on bail, responsible for causing grievous injury-Petitioners, released on bail, in circumstances.

M. Sultan Alam for Petitioner.

Aftab Javid for the State.

Date of hearing: 31st March, 1982.

This is an application for the grant of bail on behalf of Shah Ali and Allah Ditta petitioners in case under section 307/324/34, registered at Police Station Sarai Sindhu vide F. I. R. No. 212/81, dated 27th September, 1981.

2. The prosecution case is that the petitioners and Muhammad Tufail co-accused in furtherance of their common intention launched a murderous assault upon Asghar and Shah Rasool on 27th September, 1981 in the area of mauza Jalilpur.

3. As far Shah Ali it is alleged that he was armed with a kassi and injured Asghar and Shah Rasool. For Allah Ditta, it has been alleged that he and Muhammad Tufail co-accused (on bail) gave sota blows to Asghar and Shah Rasool. The medical evidence shows that Asghar received as many as eight injuries caused with blunt weapon out of which injury No. 3, whereby nosal bone was fractured has been declared grievous. Shah Rasool P. W. received four injuries caused with sharp-edged weapon. All simple in nature. The above statement of facts would show that Shah Ali caused simple injuries to Shah Rasool and Allah Ditta also gave injuries to Asghar P. W. and it has not been specifically stated as to who has fractured the nasal bone of Asghar P. W.

4. Learned counsel for the petitioners submits that the petitioners are in jail since 27th September, 1981 and that co-accused Muhammad Tufail who might have caused the grievous injury is on bail. As against this the learned counsel for the complainant has seriously opposed this application and submitted that the alleged offence falls within the prohibitory clause and as such the petitioners are not entitled to the concession of bail.

5. After hearing the learning counsel for the parties, I find that Shah Ali petitioner caused simple injuries to Shah Rasool P. W. and it is not certain that the grievous injury was caused by Allah Ditta or Muhammad Tufail co-accused. In this view of the matter, the petitioners are admitted to bail in the sum of Rs. 10.000 with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Kabirwala.

S. G. D. Bail allowed.

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