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Criminal Appeal No. 31 of 1985, decided on 29th September, 1985.

‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 307, 326 8 148‑‑Bail; grant of‑‑Complainant totally belied by medical evidence‑‑Trial Court instead of separately dealing with cases of accused armed with hatchet and those armed with Lathies and proceeding to convict them all under S.307. P.P.C., held, prima facie a case for suspension of sentence made out in circumstances‑‑Accused allowed bail.

Aijaz Ali Shah for Appellants.

Zawar Hussain Jafferi, A.A.‑G. for the State.

Miscellaneous Application No.537 of 1985

All the seven appellants have applied for bail and for suspension of sentence under section 426, Cr.P.C. against their conviction under sections 307, 326, 3‑24 and 148, read with section 149, P.P.C. The learned counsel for the appellants has pointed out that it is stated in the judgment of learned trial Court that the four appellants, namely Mureed, Ghulam Mustafa, Sardar Bux and Budho, according to the statement of complainant, caused him injuries with the sharp side of the hatchet but this statement is completely belied by the medical evidence in the case in which it is stated that all the four injuries suffered by the complainant were caused by a hard and blunt substance. It is accordingly contended by the learned counsel that upon a mere reading of the judgment it could be demonstrated that the learned Judge did not apply his mind correctly to the 'facts of the case. In so far the appellant Darya Khan is concerned it is further pointed out by the learned counsel for the appellants that he has not been assigned any role in so far causing of injuries either to the complainant or to the P. Ws. is concerned. The learned A.A.‑G. is unable to point out anything in the judgment to show that Darya Khan had taken part either in injuring complainant or P.Ws. In this context there is no doubt that in so far appellants Nos. 1, 3, 4, 6 and 7 are concerned they have made out a prima facie case for 'suspension of the sentence against them recorded by the learned trial Judge. In so far the case of other appellants is concerned, namely. Manzoor, and Mohammad Saleh is concerned they were only armed with the Lathis and the injuries caused by them were simple in' nature. The 'learned Judge, however, while convicting all of them did not 'consider case of the accused armed with hatchet and those armed with Lathis separately but made sweeping statement by convincing all of them under section 307, P.P.C. I, therefore, tentatively express that the judgment on the reasoning shown therein cannot be sustained. I accordingly suspend the sentence against all the appellants upon furnishing bail in the sum of Rs.30,000 each with one surety and P.R. in the like amount to the satisfaction of the Additional Registrar of this Court.

S.G.D. Bail allowed.

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