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Criminal Bail Application No. 131 of 1987, decided on 24th February, 1987.
‑‑‑S. 498‑‑Penal Code (XLV of 1860), S. 307/34‑‑Four persons attacking complainant with Chhuris‑‑Out of eight injuries, three caused on vital parts of body attributed to co‑ accused‑‑Accused attributed injuries on thighs, legs and hands‑‑Attempt on complainant's life, was prima facie made‑‑Bail before arrest refused to accused attributed injuries and allowed to the accused who was attributed only catching hold of complainant as his complicity would need further probe.
1987 PCr.LJ 189;1983 PCr.LJ 2165; PLD 1983 SC82 and 1985 SC M R 1949 ref.
Sardar Muhammad Ishaq for Applicants.
Sarfraz Ahmed, Asstt. A.‑G. for the State.
Ghulam Sabir Niazi for the Complainant.
Applicants Muhammad Naeem, Muhammad Asif and Munna Teddy seek bail before arrest in Crime No. 758 of 1986 of P.S. Liaquatabad, Karachi registered on 29‑12‑1986. Report of the crime was made by Hakimudin at about 10‑00 p.m. He alleged that he and his wife Mst. Zarina were returning from Subhani Hospital on that day when they were waylaid by Aslam, Naeem, Asif and Munna Teddy travelling in a car and they assaulted him. He further alleged that Aslam struck him on his stomach by means of a Chhuri, Naeem caused him injuries on his back by means of a Chhuri, and Asif inflicted him injuries on his hand and legs by means of a Chhuri. He also alleged that he was caught hold of by Munna Teddy before he was caused injuries. The case was registered in respect of commission of an offence punishable under section 307/34, P.P.C.
The applicants made an application for bail before arrest in the Court of Sessions Judge, Karachi (West). Their bail application was rejected by order, dated 29‑1‑1987. They then filed this application in this Court. They were admitted to interim bail before arrest by order, dated 5‑ 2‑ 1987.
The learned counsel for the applicant has urged that applicants have been falsely implicated due to enmity. He has next urged that the serious injuries sustained by the complainant stand attributed to Aslam who is not amongst the applicants herein and that the injuries attributed to applicant Asif were simple in nature and the medical certificate does not indicate that the complainant had sustained any injury on his back as attributed to applicant Muhammad Naeem. According to him, it is a case of individual liability and the applicants Asif and Naeem are entitled to bail before arrest and so is also the applicant Munna Teddy who has not been attributed any injury. The counsel has relied upon the cases reported in 1987 P Cr. L J 189 and 1983 P Cr. L J 2165.
The learned Advocate for the complainant has submitted that the applicants made premeditated attack on the complainant and they are vicariously liable for the commission of the offence.
The learned A.A.‑G. has opposed the application contending that the complainant was caused as man as eight injuries and three of those injuries were caused on vital part of the body. He has made reference to the Supreme Court cases reported in P L D 1983 S C 82 and 1985 SCMR wherein the criteria for grant of before arrest has been laid down.
It is alleged that four persons attacked the complainant Hakimudin while he was returning to his house alongwith his wife and he was caused injuries by means of Chhuris. The medical certificate reveals that he had sustained simple incised injuries out of which six were stab wounds. Three of the injuries were caused on vital part of his body. Of course, those three injuries stand attributed to co‑accused Muhammad Aslam who is not amongst the applicants herein. But the injuries on thighs, legs and hands sustained by the complainant stand attributed to the applicants Muhammad Naeem and Muhammad Asif. It appears from the injuries that there was prima facie an attempt on the complainant's life. In the circumstances, the applicants Muhammad Naeem and Muhammad Asif have no case for bail before arrest and the application is dismissed in respect of them. As regards the applicant Munna Teddy, the part assigned to him is that of catching hold of the complainant. The learned Advocate for the applicants has placed on record copies of certain applications said to have been made against the applicant by Mohallah people. Complicity of the applicant Munna Teddy in commission of the crime needs probe into the investigation. Accordingly, interim bail before arrest granted to him is confirmed.
S.A./M‑24/K Application partly allowed.
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