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Criminal Mescellaneous No. 2594/B of 1984, decided on 26th July, 1984.
‑‑‑S. 497‑‑Two accused attributed one blow each on the head of injured witness‑‑One injury declared grievous‑‑Witness discharged from hospital‑‑Held, it could not be said at bail stage as to which blow caused grievous hurt‑‑Bail granted.
Zulqarnain Rana for Petitioners.
Muhammad Bashir Chaudhry for the State.
Muhammad Hayat and Muhammad Faroze petitioners have Moved this petition for bail in a case registered against them and others under sections 148, 452, 307 and 324/149, P.P.C.
The facts of the case need not be repeated here as the same are detailed in Criminal Miscellaneous No. 473‑B of 1984. It may, however, be mentioned that the part attributed to the petitioners is that Muhammad Hayat petitioner gave a hatchet blow from the wrong side on the head of Mst. Sahban and Muhammad Feroze gave a Sota blow to, Munir P.W. hitting his nose.
2. The petitioners and their co‑accused were admitted to pre‑arrest bail by the learned Sessions Judge, Sargodha. The complainant moved Criminal Miscellaneous No. 473‑B of 1984 for cancellation of their bail which was allowed and their bail was cancelled, vide order, dated 28th March, 1984.
3. The learned counsel for the petitioners contends that the grievous injury on the person of Mst. Sahban is not specifically attributed to Muhammad Hayat petitioner and both the petitioners are in jail since 31st March 1984, therefore, they are entitled to the concession of bail.
4. I have gone through the relevant material. Mst. Sahban had two injuries on her head, out of which one is attributed to Muhammad Hayat petitioner and the other to co‑accused Haji Ahmad. Haji Ahmad was admitted to bail by the learned Sessions Judge on 28th April, 1984 on the ground of tender age. As both Muhammad Hayat and Haji Ahmad are alleged to have given on blow each on the head of Mst. Sahban it cannot at this stage be said as to which blow resulted in grievous hurt. On inquiry, the A.S.I. states that all the injured P.Ws. have since been discharged from the hospital. The petitioners are in jail since 31st March, 1984. In the circumstances, I admit them to bail in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Shahpur.
S.A. Bail granted.
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