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Criminal Miscellaneous No. 3086‑B of 1983, decided on 28th January, 1984.
‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss.452, 302 & 307/34‑‑Bail‑‑Accused causing simple injuries to complainant and no injury to deceased attributed to them‑‑Bail granted.
Muhammad Yar Khan Dah for Petitioners.
Altaf Muhammad Khan for the State.
Ch. Inayat Ullah Khan for the Complainant.
Nazir Ahmad and Niamat petitioner have moved this petition for bail in a case registered against them and another under sections 452, 302 and 307/34, P.P.C.
The allegations are that on 18th December, 1981, at 4 p.m. co‑accused Amanat Ali armed with a Rambi, Nazir petitioner also with a Rambi and Niamat petitioner with Sota trespassed into the house of Faqir Muhammad complainant. Co‑accused Amanat gave a Rambi blow to Bashir Ahmad deceased as a result of which he later on died. The petitioners are alleged to have given Rambi and Sota blows to Faqir Muhammad complainant. A dispute over the common wall is stated to be the motive for the offence. It is further alleged that shortly before the occurrence the complainant and the deceased had gone on the roof of their house to which the womenfolk of the accused party seriously objected and hurled abuses on them.
2. The learned counsel for the petitioners contends that no injury to the deceased has been attributed to the petitioners and the only allegation against them is that they caused simple injuries to the complainant, therefore, their case needs further enquiry. The learned counsel for the complainant and the State, on the other hand, contend that she petitioners are named in the F.I.R. with a specific role, therefore, no ground for bail is made out.
3. I have gone through the relevant material. The petitioners are alleged to have caused injuries to Faqir Muhammad complainant and no injury to the deceased has been attributed to them. The injuries on the person of Faqir Muhammad were simple in nature. In the circumstances, I feel that a case for the enlargement of the petitioners is made out. Consequently, I admit them to bail in the sum of Rs.25,000 each with sureties each in the like amount to the satisfaction of Assistant Commissioner, Toba Tek Singh.
M.Y.H. Bail granted.
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