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Criminal Miscellaneous No. 1465‑B of 1985, decided on 25th June, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302 -‑Bail, grant of‑‑Exchange of abuses took place between accused persons and deceased and accused allegedly gave deceased kick and fist blows‑‑Accused were empty handed‑‑Two injuries found on person of deceased‑‑Deceased dying due to intracranial haemorrhage‑‑Post‑mortem report found to be silent regarding nature of injuries‑‑Injuries not mentioned anywhere in said report as sufficient to cause death in ordinary course of nature-‑Said injuries not specifically attributed to any of accused‑‑One of accused found innocent during investigation‑‑Case for grant of bail, held, made out‑‑Bail allowed.
Major Waheed‑ud‑Din Virk for Petitioner.
Ejaz Ahmad Chaudhry for the Complainant.
Muhammad Ashraf Khan for the State.
Date of hearing: 25th June, 1985.
Muhammad Siddiq petitioner has moved this petition for bail in a case registered against him and two others under section 302, P.P.C. His co‑accused Saeed Rahim and Toheed Rahim have moved Criminal Miscellaneous No. 1516‑B of 1985 for bail. Both these petitions shall be disposed of by this order.
2. The prosecution version is that on 25th May, 1985 at about evening time there was an exchange of abuses between the petitioners and Yaqub deceased and during the course the petitioners gave him kick and fist blows, Yaqub deceased was removed to the hospital in injured condition where he died on 28th May, 1985.
3. Learned counsel for the petitioners contend that admittedly the petitioners were empty‑handed, there was no previous enmity between the parties and the occurrence happened all of a sudden after, an exchange of abuses, therefore, intention to kill cannot be inferred. It is further submitted that no specific injury has been attributed to any of the petitioners. Learned counsel for Muhammad Siddiq further states that aforesaid petitioner has been found innocent during the investigation.
Learned counsel for the complainant, on the other hand, submits that all the petitioners are named in the F.I.R and a specific role has been attributed to them, therefore, no ground for bail is made out. The learned State counsel has also opposed the prayer for bail.
4. I have gone through the relevant material. Admittedly, the petitioners were empty‑handed. The prosecution version is that they gave kick and fist blows to the deceased. The post‑mortem report shows that the deceased had two injuries, one on the right lower eyelid and the other on the left side of head. According to the post‑mortem report, death was due to intra‑cranial haemorrhage. The report is silent as to the nature of the injuries. It is nowhere mentioned in the report that the injuries were sufficient to cause death in the ordinary course of nature. Moreover, these injuries" have not been specifically attributed to any of the petitioners. Muhammad Siddiq petitioner was found innocent during the investigation. In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioners is made out. I, therefore, admit them to bail in the sum of Rs. 25;000 each with two sureties in the like amount to the satisfaction of Assistant Commissioner, Lahore City.
H.A.K. Bail granted.
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