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Criminal Bail Application No.462 of 1987, decided on 4th May, 1987.
---S.497--Penal Code (XLV of 1860), S.307/34--Bail--Accused refused bail before arrest on ground that there was against him a prima facie case of attempt on life of complainant whom he caused as many as eight injuries on different parts of body--Factum of injuries and their nature was considered while passing that order--No fresh ground had been advanced for granting bail to accused--Bail refused.
Villayat and another v. The State 1984 S C M R 530 ref.
Muhammad Saleh G . Memon for Applicant.
Imam Bux Sheikh for the State.
Applicant Muhammad Naeem is one of the accused in Crime No.758/86 of P.S. Liaquatabad a/s 307/34, registered on 29-12-1986. It is alleged that he and three other persons named as Aslam, Asif and Munna Tedy waylaid the complainant Hakimuddin on that day and Aslam, Naeem and Asif caused him injuries by means of 'Chhuris' while Munna Tedy caught hold of him. The applicant and two co-accused Mohammad Asif and Munna Tedy filed application for bail before arrest in the Sessions Court, Karachi (West). Their application was rejected there by order dated 29-1-1987. They then filed an application for bail before arrest (Cr. B . A . No.131/8 7) in this Court. Bail application was dismissed in respect of the present applicant Mohammad Naeem the co-accused Muhammad Asif, while bail before arrest was granted to the co-accused Munna Tedy by order dated 24-2-1987. This is the second bail application in this Court after rejection of the second bail application by the Sessions Judge, Karachi (West) by order dated 28-3-1987.
The learned counsel for the applicant has argued that the previous bail application was for bail before arrest and the present application is for bail after arrest and there are different considerations for grant of bail before arrest and after arrest. He has next urged that the complainant Hakimuddin had of course, sustained eight injuries but the medical certificate indicates that only one injury attributed to co-accused Mohammad Aslam has. been found to be grievous while the rest of the injuries have been certified to be simple. According to him, the case against the applicant is quite distinguishable from that against co-accused Aslam. He has relied upon a case Villayat and another v. The State 1984 S C M R 530 wherein bail was granted in a murder case to a co-accused who was attributed only simple injuries.
The learned counsel for the State has opposed the application contending that the applicant Mohammad Naeem is vicariously liable of having committed the offence punishable a/s 307/34 PPC.
The applicant was refused bail before arrest on the ground that there was a prima facie case of attempt on the complainant's life who was caused as many as eight injuries on different parts of his body and therefore there was no case for bail before arrest. The factum of injuries and their nature were considered while passing that order. No fresh ground has been advanced for granting bail to the applicant. The application is therefore dismissed.
M.Y.H./M-229/K Bail refused.
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