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Criminal Miscellaneous No.1755/B of 1982, decided on 2nd August, 1982.
---S.497/498--Penal Code (XLV of 1860), S.302/307/324/308/148/149- Bail--Death stated to be due to bed sores--Statements of eye-witnesses recorded under section 161, Cr.P.C. making it not clear as to who out of accused inflicted injuries to deceased after he had fallen down--Injury on head of deceased attributed to someone else--Case of further inquiry as far as accused concerned--Bail granted.
Khalid Farooq Qureshi for Petitioners.
Naseer Ahmad for the State.
This is an application for bail on behalf of Ilamud Din and Kala petitioners in a case under section 302/307/324/308/148/149 P.P.C. registered at Police Station Mustafabad vide F.I.R. No. 215, dated 27th September, 1981.
2. The prosecution case is that the petitioners with five others in furtherance of their common object caused the death of Niamat and injuries to Salamat, Nazir Ahmad and Mst. Khurshid Begum on 26th September, 1981 in a street of village Kallian.
As far the petitioners it has been alleged that they were armed with Dangs, they alongwith their co-accused attacked the deceased and the witnesses. Ta) Din co-accused inflicted Dang blows on the head and other parts of the person of Niamat Ali. Mangta gave a blow to Mst. Khurshid Begum with a sword which hit at her head. Mannu and Muhammad Ali co-accused inflicted injuries with Sarria and Dang, respectivelY on the person of Salamat Ali. Hussain co-accused gave a Dang blow to Nazir Ahmad P.W. and when Niamat and Salamat fell on the ground, the peti tioners injured them with Dangs.
3. Learned counsel for the petitioners contends that according to the post-mortem report Niamat died as a result of injuries Nos. 1 to 3 and also due to bed sores after three months of the occurrence and that it is not known as to who out of the two petitioners had inflicted blows to the deceased after he had fallen on the ground. Learned State counsel has seriously opposed this application on the ground that it is a case of intentional murder which falls within the prohibitory clause.
4. After hearing the learned counsel for the parties, I find that originally the case was registered under section 324/308/148/149, P.P.C. and it was on the death of Niamat that after three months section 302/307, P.P.C were added. I further find that (as stated by the learned counsel for the parites) the death was also due to bed sores. The learned State counsel after going through the police file has informed me that from the statements of the eye-witnesses recorded under section 161, Cr.P.C. it, is not clear as to who out of the petitioners had inflicted injuries to the deceased after he had fallen down. The injuries on the head of deceased have been attributed to Taj Din. In these circumstances, I am of the opinion that as far as the petitioners Ilamud Din and Kala are concerned n the matter requires further inquiry. They are accordingly allowed bail subject to their furnishing bail bonds in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Kasur.
M. Y. H. Bail granted.
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