Find a Lawyer

Criminal Miscellaneous No.889‑B of 1986, decided on 9th April, 1986.

‑

‑‑S.497‑‑Penal Code (XLV of 1860), Ss.307, 324 a 325/34‑‑Bail, grant of‑‑One person from each side, injured‑‑Assault on witness admittedly made on account of a fight between dogs‑‑Only one injury found on head of witness‑‑No injury was found to be imminently dangerous to life‑‑Accused, held, was entitled to be released on bail in circumstances.

Ch. Muhammad Anwar Samma's case 1976 S C M R 168 rel.

Javaid Aslam Qureshi for Petitioner.

Muhammad Iqbal for the State.

This is a petition under sections 497/498, Cr.P.C. by Muhammad Alam and two others, petitioners Nos.1 to 3, for bail in respect of a case instituted against him and one other under section 307/324/325/34, P.P.C. at Police Station Narowal on 16‑12‑1985.

2. The prosecution case in brief is that when Bashir Ahmad was passing by, he was assaulted by Muhammad Alam, Abdul Ghani and Abdur Rashid, petitioners Nos. 1 to 3, and Barkat Ali, co‑accused. Muhammad Alam and Abdur Rashid, petitioners, were armed with drats, and Abdul Ghani, petitioner, was armed with a hatchet, and Barkat Ali, co‑accused, was armed with a Sota. The motive for the assault was that Bashir Ahmad P.W's. .dog had violently bitten the dog of Muhammad AsIam, petitioner, as a result of which the assault was made on the witness.

3.Bashir Ahmad P.W. sustained an incised wound on the head, three incised wounds on the shin and contusions on the left knee beck of left hand, left leg and right ankel joint. The contusion on the back of left hand showed fracture of the left little finger. It appears that Barkat Ali, co‑accused, who was also injured in the case, according to the first medical examination of the said witness conducted at Tehsil Headquarters Hospital, Narowal, had a contused wound and two contused areas on the head, a contusion on the shin, an abrasion on the left elbow and three areas of pain of the chest, legs and lumber region.

4. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. Two persons are injured in the occurrence, Bashir Ahmad P. W. on the side of the complainant, and Barkat Ali, co‑accused, on the side of the accused. Allegedly, the assault was launched over a fight between dogs maintained by both the parties. There is only one injury on the head of Bashi A Ahmad P. W. No injury was found imminently dangerous by the doctor as was likely to cause death. Applying the principle laid down in Ch. Muhammad Anwar Samma's case 1976 S C M R 168, the petitioners are entitled to he released on bail.

5. For the foregoing reason's, this petition is accepted and Muhammad Alam and others, petitioners Nos.1 to 3, are released on bail, subject to their furnishing security in the sum of Rupees twenty thousand (Rs.20,000) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner Narowal.

S. A. Bail allowed.

Find a Lawyer Near You

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