Find a Lawyer

Criminal Miscellaneous No. 3172 of 1984, decided on 27th November, 1984.

‑‑‑S. 497‑‑Penal Code (XI.V of 1860), S. 302/109/148/147/308/325‑‑Bail‑ Deceased suffered twenty two blunt weapon injuries at hand of accused five of which were grievous‑‑One of grievous injuries on back of skull and three on back of chest‑‑Accused, held, nut entitled to bail in circumstances‑‑Bail application dismissed.

Mehar Ghulam Ali Mubashar for the Petitioners.

Sardar Muhammad Khurshid for the State.

This is a petition under section 497/498, Cr.P.C. by Nazra anal two others, petitioners Nos. 1 to 3, for the grant of bail in respect of a case instituted against them and four others under section 302/ 109/148/149/308/325, P.P.C. at Police Station Kot Moman, District Sargodha on 15‑5‑1984.

2. The prosecution case in brief is that two days before the occurrence, Nazra, petitioner, broke the turn of water, whereupon Azhar Ahmad, deceased, caught him and abused and insulted him. In retaliation, the three petitioners, with Khanoo and Akbar, co‑accused, came and assaulted Azhar Ahmad, deceased, inflicting twenty‑two blunt weapon injuries on his person, of which six were found to be grievous. Nazra, petitioner No.1, was alleged to be armed with a Kulhari, whereas Ahmad and Khan, petitioners, and Khanoo, co‑accused, were alleged to be armed with Sotas.

3. On behalf of the petitioners it is submitted that from the motive given in the F.I.R., it is apparent that the accused party had no intention to murder Azhar Ahmad, deceased, but at best, they wanted to give him a good beating. In this respect it is submitted that apart from one injury on the skull, which was found to be grievous, and is attributed to Khanoo, co‑accused, most of the injuries are on the non‑vital parts of the body i.e. the hands and the legs.

4. I have given my anxious consideration to this case. The deceased has suffered twenty two blunt weapon injuries, of which five have been found grievous. One of the grievous injury is on the back of the skull. There are also three injuries on the back of chest. Without giving any finding as regards the motivation of the petitioners and their co‑accused in causing these injuries, I would only say, for the limited purposes of this bail petition, that the petitioners are not entitled to be released on bail.

5. For the foregoing reasons, this petition is dismissed.

6. However, whilst on the subject, I would direct the learned Sessions Judge, Sargodha to ensure that when this case come up for trial, that it is taken up day to day, subject to all just exceptions and not dragged on piecemeal over along period of time.

M.Y.H. Bail refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.