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Criminal Miscellaneous No.2215/B of 1985, decided on 9th October, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), 5.148/302/307/149‑‑Bail, grant of‑‑No allegation against accused of causing any injury to deceased nor even of attempting to cause such injury‑‑Accused allegedly armed with Dang, caused injuries to witness‑‑All injuries declared simple‑‑No progress in trial of case in 11 year‑‑Discretion of granting bail, held, could be exercised in favour of accused in circumstances.
Nasim Sabir for Petitioners.
Abul Fateh for the State.
Date of hearing: 9th October, 1985.
Petitioners, who have been named as accused in case F.I.R. No. 83, dated 29‑3‑1984, registered at Police Station, Bhalwal, district Sargodha, under section 302/307/148/149, P.P.C. seek bail on the grounds that no allegation has been levelled in the F.I.R. against any one of them of having caused any injury to Allah Ditta deceased, that the only allegation levelled against the petitioners is of having caused injuries to Dost Muhammad with Lathis. In this connection learned counsel argued that Dost Muhammad had suffered 12 injuries while 11 persons are alleged to have caused all the injuries, that Muhammad Ramzan, one of the co‑accused of the petitioners, was found innocent during investigation and thus the prosecution story stood belied, and that the petitioners are in jail for last one and a half years but the case has not been fixed for trial.
2. Learned counsel for the State has opposed the grant of bail and contended that the petitioners being members of unlawful assembly are equally liable for having caused the death of Allah Ditta.
3. The contention of the learned counsel for the petitioners that there is no allegation against the petitioners of having caused any injury to the deceased, is borne out from the F.I.R. In fact, there is no allegation in the F.I.R. against any of the petitioners of even making any attempt to cause any injury to the deceased. Dost Muhammad, whom the petitioners are alleged to have caused injuries with Dangs, was found to have suffered 12 simple injuries; one of which by fire‑arm, has been specifically assigned to Aslam, while the only incised injury has been specifically alleged to have been caused by Muhammad Siddique, who is not petitioner in this case. That means, that the remaining nine persons have caused the remaining ten injuries. The ratio would b almost one injury to one person. All the injuries have been declare simple. There is no progress in the trial in spite of a period of on and a half years having passed.
4. In the circumstances, I feel inclined to exercise discretion in favour of the petitioners. They shall be released on bail on their furnishing bail bonds in the sum of Rs.25.000 each, with one surety each in the like amount, to the satisfaction of Assistant Commissioner, Bhalwal.
S.A. Bail allowed.
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