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Criminal Miscellaneous No. 777/B of 1986, decided on 8th April, 1986.

‑‑‑S. 497‑‑Pendi Code (XLV of 1860), S.148/302/149‑‑Bail, grant of‑ Accused armed with sharp‑edged weapon‑‑Injuries caused with sharp‑edged weapon, declared simple‑‑No specific injury attributed to accused‑‑Injury causing death being blunt weapon injury and gangrenous‑‑Death not direct result of injuries‑‑Inordinate delay in lodging. F. I. R. remaining unexplained‑‑Case for enlargement of accused on bail, held, was made out‑‑Bail was granted in circumstances.

Ghaus Muhammad Chaudhry, Bar‑at‑Law for Petitioner.

Shahid Mahmood for the State.

Muhammad Ashraf petitioner alongwith others is involved in a case under sections 148 and 302/149 of the P.P.C. He has moved this petition for bail.

2. The F.I. R. version is that on 7‑8‑1985 at about evening time Muhammad Sharif complainant heard alarm and rushed towards the field of one Bashir where he found the petitioner and his brothers Muhammad Aslam, Muhammad Iqbal, Muhammad Ashfaq, Muhammad Musbtaq and their mother Mst. Hajra quarrelling with the deceased. The, petitioner and co‑accused Muhammad Aslam and Muhammad Iqbal were armed with hatchets, Muhammad Ashfaq had a Sota and Mushtaq was armed with an iron Sabbal. Mst. Hajra was empty‑handed. She exhorted her sons to kill the deceased upon which Muhammad Mushtaq gave a blow with the Sabbal on the right shoulder of the deceased and Muhammad Ashfaq gave a Sots blow on his forehead as a result of which he fell down. Then all the accused caused him injuries with their respective weapons. Besides, the complainant, the occurrence was witnessed by Amir and Allah Ditta P.W.

Muhammad Siddique was taken to D.H.Q. Hospital, Okara, in injured condition where he was admitted. After obtaining the medico‑legal report, Muhammad Sharif complainant reported the occurrence to Abdul Razzaq A.S.I. at Jandraka Police Post on 9‑8‑1985 at 12‑30 p.m.

3. Learned counsel for the petitioner contends that according to the medico‑legal report all the injuries, except injury No.2, were simple in nature and according to the post‑mortem report injury No. 1 (in the medico‑legal report injury No.8), which was gangrenous, had resulted in the death of the deceased. It is submitted that this injury and injury No.2 referred to above are not attributed to the petitioner and the death was not the direct result of the injuries. Learned counsel further states that F.I.R. was lodged two days after the occurrence and sufficient time was gained to build up a story so as to implicate Mst. Hajra and all her adult sons.

Learned counsel for the State has opposed the prayer for bail. He submits that the petitioner is named in the F.I.R. and a specific role has been attributed to him, therefore, no ground for bail is made out.

4. I have gone through the relevant material. According to the F.I.R. the petitioner was armed with a hatchet. He is alleged to have joined other accused in giving blows to the deceased when he had already fallen down after receiving injuries at the hands of Muhammad Mushtaq and Muhammad Ashfaq co‑accused. No specific injury has been attributed to him. According to the medico‑legal report the deceased had nine injuries out of which five were incised wounds, all simple in nature. The deceased was admitted in D.H.Q. Hospital, Okara, on 7‑8‑1985 and was discharged on 3‑9‑1985. A certificate issued by the Registrar West Surgical Ward, Mayo Hospital, Lahore, shows that afterwards deceased was admitted in Mayo Hospital, Lahore, on 15th September, 1985 where he expired on 17th of September, 1985. He had a foul‑smelling black coloured wound on the left thigh extending upto the buttock. It was infected and gangrenous. His condition did not improve and he expired on 17th of September, 1985. According to the post‑mortem report injury No.1 was gangrenous and sufficient to cause death in the ordinary course of nature. This injury has been described as a large foul smelling wound on the left side and back of the left hip. In the medico‑legal report this injury has been described as multiple abrasions on outer upper left buttock. It was caused by a blunt weapon. The petitioner was armed with a sharp‑edged weapon and all injuries caused by such weapons were simple in nature. The injured expired in the hospital one month and ten days after the occurrence and the death was not the direct result of the injuries. It is also noteworthy that the deceased was medically examined on 7‑8‑1985 at 10‑30 p.m, and still the F. I. R. was not lodged on that day or on the next day. It was lodged on 9‑8‑1985 at 2 p.m. The F.I.R. does not contain any explanation for this inordinate delay.

In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioner is made out, I, therefore, admit him to bail in the sum of Rs.25,000 (Rs. twenty‑five thousand only) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Okara.

S.A. Bail granted.

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