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Criminal Bail Applications Nos. 18 (Hyd.) and 114 of 1987 (Kar.), decided on 8th February, 1987.

---S. 497--Penal Code (XLV of 1860), S. 302/34--Bail--Contention on behalf of accused that one of prosecution witnesses not implicating accused of causing injury or striking deceased whereas other eye-witness assigning him part of striking deceased with chair--Medical evidence not bearing out that any injury was caused to deceased by means of blunt weapon--Chhuri allegedly recovered from accused also not found to have been stained with blood--Case of accused distinguishable from that of co -accused who was implicated by prosecution witness and was assigned part of injuring deceased with knife--Bail granted in circumstances.

Qurban Ali Chohan for Applicant.

A.A. Mohammad Ally, Addl. A.-G. for the State.

Applicant Ourangzeb alias Rangoo is one of the two accused in crime No. 102/86 of P.S. Hyderabad City registered a/s 302/34, P.P.C. on 19-6-1986. The co-accused in the case is Iqbal by name. The report of commission of crime was made by Taj Mohammad at about 11-05 p.m. He alleged that both the accused Iqbal and Ourangzeb had called out his brother Hasna from the house at about 9-30 p.m. and he went with them. He further alleged that he was informed by some children of the Mohallah, at about 10-15 p.m., that Hasna was seen lying injured at Thoro Incline. He further alleged that he went to the spot alongwith his sister's son Anwar and they found his brother lying injured and he informed them that he was assaulted by lqbal and Ourangzeb and was given blows by means of Chhuris. He also alleged that they were informed there by Ali Hassan and Ayaz that Hasna was assaulted by Iqbal and Ourangzeb. Police arrested Iqbal on the next day and it is alleged that a blood-stained Chhuri was recovered from him. Ourangzeb the applicant is said to have been arrested on 26- 6- 1986 and a Chhuri without blood stains was recovered from him.

Both the accused filed bail application in the Sessions Court, Hyderabad. There bail application was dismissed by learned Sessions Judge by order, dated 11- 1-1987.

The learned counsel for the applicant has urged that prosecution case mainly rests on the ocular evidence of Ali Hassan and Ayaz and corroborative evidence of complainant Taj Mohammad and Anwar and dying declaration of the deceased in presence of all the aforesaid witnesses, and recovery of Chhuris. He has contended that Ayaz has not implicated the present applicant or even Iqbal that he had them causing injuries to or striking the deceased, whereas Ali Hassan has implicated lqbal that he had struck the deceased by means of a knife and he has assigned to the applicant Ourangzeb the part of striking the deceased by means of a chair but the medical evidence does not bear out that any injury was caused to the deceased by means of any burnt weapon. According to the learned counsel, the evidence to the dying declaration would depend upon the fact whether the deceased was able to make any statement after having sustained so many injuries. The learned counsel also stated that the Chhuri alleged to have been recovered from him a not blood-stained. He has, therefore, urged that the case against the present applicant is distinguishable from that against Iqbal. The learned Additional A.-G. concedes that the case against the applicant, as it presently stands, is distinguishable from that against co-,used Mohammad Iqbal and he does not oppose the application.

Bail is granted in the sum of Rs.50,000 with one surety to their satisfaction of Sessions Judge, Hyderabad.

M.Y.H./O-3/K Bail granted.

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