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Criminal Miscellaneous No. 1138-B of 1984, decided on 20th May, 1984.
S. 497,/498-Penal Code (XLV of 1860), S. 307/34 - Bail --Accused named in first information report and assigned role of causing simple as well as grievous injuries to prosecution witnesses and having motive for commission of crime-Bail, held, rightly refused.
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--S. 497 (5)-Penal Code (XLV of 1860), S. 307/34-Bail --Cancellation of-Accused granted bail by Magistrate after same declined by Additional Sessions Judge Such bail, held, rightly cancelled.
Sh. Abdul Qayyum for Petitioners.
Aziz Qureshi for the State.
The petitioners stand charged under section 307/34 P. P. C. for murderously assaulting Muhammad Riaz, Muhammad Rafique and Aurangzeb P. Ws. on 7th November, 1983 with a knife and dagger. Grievous injuries were found on the persons of Muhammad Riaz and Muhammad Rafique P. Ws.
2. The petitioners have been declined bail by the learned Additional Sessions Judge on 14th January, 1984. Mian Ashiq Muhammad Faiz, Magistrate Section 30, Mianwali granted bail to them on 21st March, 1984. Muhammad Riaz the injured P. W. moved an application for the cancella tion of their bail which was granted by the learned Additional Sessions Judge, Mianwah on 23rd April, 1984 and their bail was cancelled. They have now moved this Court for bail.
3. It is contended that there is a cross-version of the case in that Muhammad Anwar petitioner was also injured, of which there is no explanation by the prosecution.
4. Learned counsel for the State submits that only simple injuries were found on his person. He further states that the petitioners cannot claim any benefit of mere filing a private complaint against the injured P. Ws. because they have not been summoned as yet.
5. Since both the petitioners are named in the F. I. R. and have been assigned the role of causing simple as well as grievous injuries to the P. Ws. and are alleged to have a motive for the commission of the crime, they were, therefore, rightly refused to bail by the learned Additional Sessions Judge. The learned Magistrate was not justified to grant bail to e the petitioners after they had been declined bail by the learned Additional Sessions Judge, and thus their bail was rightly cancelled.
Finding no merit in the application I dismiss the same.
S. G. D. Petition dismissed.
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