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Criminal Petition No. 227 of 1983 converted into Criminal Appeal No. 140 of 1983, decided on 24th October, 1983.
Ss. 497 & 498‑Penal Code (XLV of 1860), S. 302/149‑Bail in murder case‑Co‑accused already granted bail on ground of having given hatchet blow causing simple injury to deceased ‑ Accused petitioner stated to have given hatchet blow on arm of deceased which turned out to be simple‑Held, entitled to bail.
‑‑ Ss. 497 & 498‑Penal Code (XLV of 1860), S. 302/149‑Bail in murder case‑Accused petitioner alleged to have given a hammer blow on ankle of deceased but no such injury found on deceased's person Held, accused was entitled to bail.
Mian Sher Alam, Advocate Supreme Court with Sh. Abdul Karim, Advo cate‑on‑Record for Petitioners.
M. M. Saeed Baig, Advocate Supreme Court for the State.
Date of hearing : 24th October, 1983.
After hearing the learned counsel for the petitioner and the learned State Counsel, who was issued notice on the last date of hearing, we convert this petition into appeal and proceed to dispose it of as such.
2. Walayat and Abbas petitioners are aggrieved against the rejection of their bail application by a learned Single Judge of the Lahore High Court, vide order dated 18‑5‑1983.
3. The facts, briefly, are that the petitioners were accused along with 5 others including one Riaz, inter alia, of an offence under section 302/149, P. P. C. They applied for bail before the High Court. It allowed bail to Riaz but dismissed the bail application of the petitioners.
4. It is contended on behalf of Abbas that his case is similar to that of Riaz who was granted bail by the High Court. Riaz has been granted bail on the ground that he had given a hatchet blow to the deceased and that the injury was simple one. Abbas too is stated to have given a hatchet blow on the right arm of the deceased which turned out to be simple. We, there fore, agree that his case is similar to that of Riaz. As such he is entitled to bail.
5. With regard to Walayat petitioner, he is alleged to have given a hammer blow on the ankle of the deceased but no such injury was found on the person of the deceased. On examining the post‑mortem report we find it to be correct. He, too, is entitled to bail.
6. We, therefore, allow the appeal and grant bail to the petitioners in the sum of Rs. 20,000 each, with two sureties each, each in the like amount to the satisfaction of Assistant Commissioner, Sheikhupura.
S.Q. Bail allowed
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