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Criminal Miscellaneous No.563/B of 1984, decided on 18th March1984
---S.497/498-- Penal Code (XLV of 1860), 5.307/365/325/382/149/148- Bail-- Name of accused mentioned in first information report as person who inflicted injuries on right leg of prosecution witness with "Mungli" but medical report not showing that any of such injuries was dangerous to life--Question whether case falling under 5.307 or 325, P.P.C. a matter of further inquiry-- Bail granted
Khizar Abbas Khan for Petitioner.
Maqbool Ahmad Khan for the State.
Date of hearing: 18th March, 1984.
This is a petition under section 497, Cr. P.C. by Zahoor Ahmad, petitioner, for bail in respect of a case instituted against him and seven others under section 307/365/325/382/148/149, P.P.C. at Police Station Chiniot on 8th December, 1983.
2. The prosecution case in brief is that Abdul Majid, injured P.W. who then was on his way to his house on a motor cycle, was way-laid by Zahoor Ahmad, petitioner, armed with gun, Tariq Rashid, co-accused, armed with a Sota, Khalid Rashid, co-accused, armed with a revolver, Anwar, co-accused, armed, co-accused, armed with a rifle, Munawwar, co-accused, armed with a Mungli, and three other unknown persons (who could not be identified by the complainant) armed with carbines. Tariq Rashid, co-accused took away the motor-cycle of Abdul Majid P.W., whereas the petitioner and the remaining co-accused took the complainant to the Dera of Khawaja Akbar Hussain, where Zahoor Ahmad, petitioner, gave Mungli blows to the complainant, resulting in the fracture of his leg whereas Anwar, co-accused, drew out a sum of Rupees ten thousand (Rs.10,000) from the pocket of the complainant and handed it over to Khalid Rashid co-accused, who decamped with the said amount. The motive for the occurrence was a land dispute between Abdul Majid, complainant, and Zahoor Ahmad, petitioner.
3. On behalf of the petitioner, it is submitted that there is 161 hours, delay in the judgment of the F. I. R., that the same was registered after deliberations and consultation, that the complainant has enmity with Zahoor Ahmad, petitioner, and that the petitioner was falsely involved, to disable him from pursuing the litigation which he was conducting against Abdul Majid P.W. It is lastly submitted that the petitioner was not present at the time of occurrence, regarding which affidavits were produced before the Investigating Officer.
4. I have given my anxious consideration to this case. Zahoor Ahmad, petitioner, is mentioned in the F.I.R. as the person who inflicted injuries on the right leg of Abdul Majid with the Mungli. The medico-legal report does not show that any of the injuries was dangerous to life. In these circumstances, the question whether the case falls under section 307 or 325 P.P.C. is a question which calls for further inquiry.
5. For the foregoing reason, this petition is accepted and Zahoor Ahmad, petitioner, is released on bail, subject to his furnishing security in the sum of (Rs.20,000) Rupees twenty thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Chiniot.
M.Y.H. Bail granted.
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