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Criminal Miscellaneous No. 2019-B of 1983, decided on 23rd August, 1983.

---S.497 read with Penal Code (XLV of 1860), S.302--Bail, grant of- [Murder case]--Petitioner allegedly causing simple injury to a prosecution witness and not responsible for causing any injury to deceased--Petitioner allowed bail, in circumstances.

Mahla v. State 1976 P Cr. L J 1059; Akbar v. State 1978 S C M R 7; Khadim Hussain v. State 1978 S C M R 146 and Chuni Lal v. Dittoo PLD 1976. Lah. 139 ref.

Khalid Mahmood Pasha for Petitioner.

M. Arshad Khan for the State.

Khan Baud Din Khan for the Complainant.

The facts of the prosecution case set up against Zulfiqar, petitioner, and his co-accused, as may be cleaned from the first information report, are these. On the 20th May, 1983, at about 8-45 p.m. Munewar, comp lainant, Rashid Khan Burki, deceased and Raees Ahmad went in a car to Khan Chargha House, Model Town, Lahore. Rashid Khan Burki deceased went to the shop and ordered preparation of twenty Seikh Kababs. However, thirty Kababs were backed by the vendor who demanded price thereof. The petitioner, who was employed at the shop, and the deceased started exchanging hot words whereupon the complainant and Raees Ahmad went near them. Zahid alias Bholu, Shariful Hassan alias Toni and Ali sided with the petitioner the owner of the shop got the matter patched up. The complainant and Raees Ahmad came to the car while the deceased kept standing at the shop for making payment of the additional Kababs. In the meantime the petitioner and his co-accused went behind the cabin and after holding consultation came back. While the deceased, after having paid the price was on his way towards the car, wherein the complainant and Raees Ahmad were sitting, Zahid alias Bholu and Abdul Ahad exhorted his companions, Toni, Ali and Danial to catch hold of them (members of the complainant party) and not to allow them go off. Simultaneously Zahid alias Bholu struck Kababi Seikh in the back of deceased consequence thereof proved fatal. The petitioner inflicted simple injury with Seikh on the left parietal region of the complainant. The Seikh blow administered by Denial was warded off by the complainant by the left hand. Ali caused a Seikh injury upon the left buttock of Raees Ahmad. Abdul Ahad struck Seikh on the back of left hand of the complainant. The deceased fell down on the ground and started bleeding from the mouth. The complainant and Raees Ahmad, alongwith other people, raised noise and the assailants fled away. The complainant and Raees Ahmad carried the deceased in injured condition to the United Christian Hospital, Lahore but he expired when they reached there.

2. The petitioner alleged to have caused simple injury to the comp lainant, who is one of the prosecution witnesses, though he denies having done so. He was not responsible for causing any injury to the deceased. On the strength of the rule laid down by this Court in Mahla v. State 1976 P Cr. L J 1059 and by the Supreme Court of Pakistan in Muhammad Akbar v. State 1978 S C M R 7 and Khadim Hussain v. State 1978 SCMR 146 the learned counsel for the petitioner canvassed for the petitioner's entitlement to be released on bail. The observations found in Chuni Lai v. Dittoo P L D 1976 Lah. 139, cited by the learned counsel for the complainant, cannot displace the rule laid down in the cases referred to by the learned counsel for the petitioner. In these circumstances the petitioner is eligible to the concession of bail. He will be released on his furnishing security in the sum of Rs. 22,000 with two sureties in the like amount each to the satisfaction of the Assistant Commissioner and Sub-Divisional Magistrate, Model Town, Lahore.

S. G. D. Bail granted.

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