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Criminal Miscellaneous Nos. 836‑B, 837‑M and 850‑M (BWP) of 1984, decided on 16‑7‑1984.

Criminal Procedure Code (V of 1898)‑‑

-‑‑S. 497‑‑Penal Code (XLV of 1860), 5.302‑‑Bail, grant of‑‑According to Chemical‑Examiner's report deceased suffered from liver disease and both kidneys as well as lungs found inflamed yet enlarged heart acted as predisposing factor for causing shock and death‑‑Prima facie report of Chemical Examiner, held, not conclusive and made out a case of further inquiry‑‑Petitioners allowed bail in circumstances.

Nazir Ahmad Bhatti for Petitioners.

Rana Parvez for the State.

Saeed Ijaz for the Complainant.

This is an application for bail with regard to offences under section 302(34, P.P.C. According to the contents of the F.I.R., which was lodged on 17th April, 1984, i.e. about 3 days after the occurrence, the two petitioners while armed with sticks, joined the other four women of their family and gave beating to Mst. Razia Bibi, mother of the complainant. She died later.

2. It is contended by the learned counsel that as the post‑mortem report mentioned only two abrasions and one bruise on non‑vital parts and as according to the doctor none of the injury was the cause of death, the petitioners are entitled to bail. It is further pleaded that the petitioners have been falsely involved as a matter of afterthought and their involvement, in view of the nature of the injuries, is false.

3. The learned counsel for the State and the complainant have resisted this application and state that according to the report of the Chemical Examiner, the death was caused due to shock of any one of the injuries. The report of the Chemical Examiner reads as under:‑

"According to Bactriological report No.202, dated 21‑5‑1984, whole liver structure is destroyed due to fatty degeneration. On Chemical Examiner Report No.21641P, dated 5‑6‑1984, no poison detected in the viscerae. So, according to my opinion cause of death is shock. She was suffering from liver disease, both kidneys and lungs were inflamed. Heart was enlarged. At this stage of a diseased patient, an injury of moderate force can cause shock leading to death. So, death occurred due to different diseases and injury No.3. Injury No.3 acts as predisposing factor for shock and death."

Prima facie the report is not conclusive and makes it a case of further inquiry. Even the nature of injuries seen in the light of the facts stated in the F.I.R., has not persuaded me to deny the concession of bail to the petitioners in such a situation. They shall, therefore, be released on bail on their furnishing bonds in the sum of Rs.20,000 (twenty thousand) each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Ahmad Pur.

S. G. D. Bail allowed

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