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---S. 497--Bail--Blood-stained hatchet recovered from possession of accused soon after his arrest--Petition for bail dismissed as withdrawn.

(b) Criminal Procedure Code (V of 1898)--

---S. 497--Bail--First Information Report showing a chance meeting between parties--Neither complainant nor other eye-witnesses of incident alleging that accused used sharp side of hatchet although they had full opportunity to do so--Question whether accused shared common intention with co-accused for causing sharp side hatchet injury on head of deceased which proved fatal would require further inquiry at stage of trial--Bail allowed.

Raja Quershi for Applicants.

M.I. Memon, A.A.-G. for the State.

The learned Advocate for the applicants at the outset submitted that he was not pressing the above application as far as applicant A Bux Ali is concerned, as allegedly a blood-stained hatchet was recovered from his possession, soon after his arrest. In view of this the application of applicant Bux Ali is dismissed, as withdrawn.

As far as applicant Misri and Muhammad Sharif are concerned the learned Advocate for the applicant submitted, that even according to the F.I.R. these applicants who are alleged to have been armed with hatchets have not used sharp side of their hatchets and furthermore according to the Mashirnama of the arrest of applicant Misri, he had some injury on his head. The learned counsel further submitted that the facts as disclosed in the F. I. R. show a chance meeting between the parties and as such whether all the assailants had common intention to cause such bodily injury which could result in the death of the deceased would require further inquiry at the stage of trial. In addition to this the hatchet allegedly recovered from these two applicants admittedly were not blood stained and in the face of some enmity which is suggested in the F.I.R., the case of the prosecution would require further inquiry at the stage of trial again, against these two applicants.

Mr. M.I. Memon, A. A.-G. appearing for the State submitted that prima facie according to the facts as disclosed in the F.I.R. there was a chance meeting between the parties and the applicants Misri and Muhammad Sharif although they were armed with hatchets did not use sharp side of hatchet and as such the question whether these two applicants shared the common intention' with co-accused Bux Ali, would require further inquiry at the stage of trial and, therefore, he does not oppose their bail application.

I have carefully considered the above submissions made by the learned Advocates before me and have gone through the F.I.R.

The narration of the incident as given in the F.I.R. prima facie shows a chance meeting between the parties. In addition to 'this neither the complainant nor the other P.Ws who are the eye-witnesses of the incident have alleged that these two applicants used sharp side of their hatchets, although prima facie they had full opportunity to do so. In view of this the question whether these two applicants shared the common intention with co-accused Bux Ali for causing) sharp side hatchet injury on the head of the deceased, which proved to be fatal, would require further inquiry at the stage of trial. .

Therefore, I allow the above application as far as applicants Misri and Muhammad Sharif are concerned and direct that they may be released on bail on their furnishing surety in the sum of Rs.50,000 each with P.R. bond in the like amount- to the satisfaction of the learned trial Court.

Any observations made by me in respect of the facts of the case and/or applicability of the provisions of section 34, P. P. C., are tentative and as such shall not be binding on the learned trial Court. Further the learned trial Court will be at liberty to cancel the bail granted to these two applicants, if any evidence is brought on record so to attract the provisions of section 34, P.P.C., in respect of common intention between all the , assailants, for the incident in question.

M.Y.H. ----- Order accordingly.

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