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Criminal Miscellaneous No. 1238‑B of 1985, decided on lst June, 1985.
---S. 497/498‑‑Penal Code (XLV of 1860), S. 148/307/149‑‑Accused causing Chhuri blows on vital parts of body of complainant‑‑One injury found grievous‑‑One of accused having minor injuries on non‑vital parts‑‑Accused, held, were not entitled to bail in circumstances.
Abdul Khaliq Khan for Petitioners.
Irshad Ahmed for the State.
This is a petition under section 497/498, Cr. P. C. by Ashiq Masih and Aziz, petitioners, for bail in respect of a case instituted against them and three others under section 307/148/149, P.P.C. at police Station North Cantt, Lahore, on 23‑9‑1984.
2. The allegation against Ashiq Masih and Aziz, petitioners, is that they inflicted three injuries each with their Chhuries on the person of Ayub Khan, complainant, over some dispute about water flowing from the sullage drain. It is alleged that after Shehzad Bhatti, co‑accused, gave the Lalkara and Allah Rakha and Amin, co‑accused, held the complainant by his arms and legs, the two petitioners inflicted Chhuri injuries on the person of the complainant. The complainant suffered inter alia one sharp‑edged injury on his scalp and two sharp‑edged injuries on his back, one of which was found grievous.
3. I have heard the arguments of the learned counsel for the petitioners and the State. On behalf of the petitioners it is alleged that Ashiq Masih, petitioner, suffered three injuries on his person. According to the medico‑legal report of Ashiq Masih, petitioner, he appears to have suffered an abraded swelling on his forearm, one abrasion near his neck and one contused swelling on his cheek. These are minor and petty injuries. The petitioners appear to have used their Chhuries with abandon. Three injuries are on the vital parts of the body. One sharp‑edged injury was also found grievous. In these circumstances, the petitioners are not entitled to be released on bail.
4. For the foregoing reasons, there being no merit in this petition, the same is dismissed.
S. A. Petition dismissed.
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