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Criminal Miscellaneous No. 370-B of 1984, decided on 25th February, 1984.

(a) Criminal Procedure Code (V of 1898)--

---S. 497/498--Penal Code (XLV of 1860), S.325--Bail--Contents of First Information Report showing that first informant was not an eye witness and who provided him details of occurrence, as stated by him in First Information Report, not disclosed therein--Delay of six days occurring in filing First Information Report explained in usual manner that members of brotherhood had been trying to effect reconciliation between parties--Medico-legal report declaring only one injury on face of injured prosecution witness as grievous-- Co-accused already admitted to bail by trial Court--Offence under S. 325, Penal Code, not falling within prohibitory clause of S. 497, Cr.P.C.--Bail granted to accused.

(b) Criminal Procedure Code (V of 1898)--

---S. 497/498--Bail cannot be refused as a measurement of punishment.

Malik Rehmat Khan for Petitioners.

Sardar Muhammad Khursheed for the State.

Kamir and Amir petitioners who are involved in a case under section 325, P.P.C. arising out of F.I.R. No. 7, dated 8-1-1984 of Police Station, Jhang Saddar have sought to be released on bail through the under consideration petition.

2. The allegations against the petitioners and their co-accused, namely, Mst. Allah Jawai and Mst. Biba Rani, are that on 2-1-1984 at 9/10 a.m. near Deenawala Chah, they waylaid Murad P.W. and caused injuries on different parts of his body with Sotas. The F.I.R. was lodged at the police station on 8-1-1984 at 12.00 noon by Ghulam Farid, the son of Murad aforesaid.

3. As per contents of the F.I.R. the first informant is not a eye-witness. It has not been disclosed as to who provided him the details of the occurrence which have been disclosed in the F.I.R.IA There is delay of more than six days in lodging the F.I.R. which has been explained in the usual manner that members of the brother-hood had been trying to effect re-conciliation between the parties. According to medico-legal report, only one injury on the right side of the face o the injured P.W. has been declared as grievous. This was allegedly caused with Sota by Amir petitioner.

4. Mst. Allah Jawai and Mst. Biba Rani co-accused have already been admitted to bail by the learned Additional Sessions Judge. The offence under section 325, P.P.C. does not fall within the prohibitory clause. Bail cannot be refused as a measurement of punishment.

5. In the above circumstances and without prejudice to the merits of the case, the petitioners are admitted to bail in the sum of Rs. 10,000 (Ten thousand) each with one surety each in the like amount to the satisfaction of A.C., Jhang.

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