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Criminal Miscellaneous No. 3114/B of 1986, decided on 22nd November, 1986.

--S. 497--Penal Code (XLV of 1860), S. 304/34--Bail; grant of--Accused responsible for causing injury on head of witness--Injury found simple- Co-accused causing three injuries to witness, allowed bail--Injury caused by accused being simple and his case being not distinguishable from his co-accused, bail was granted to him.

Azam S. Suharwardy for Petitioner.

Irshad Ahmad for the State.

Date of hearing: 22nd November, 1986.

This is a petition under section 498, Cr.P.C. by Zulfiqar alias Zoofa for bail in respect of a case instituted against him and two others under section 304/34, P.P.C. at Police Station Chak Jhumra on 29- 7-1986.

2. The prosecution case in brief is that Munawar Hussain, complainant, alongwith his nephew Aftab Ahmad P.W. was proceeding from Salarwala to their village on a tonga. On the way, they alighted near the dhari of one Roshan Babar in order to meet one Muhammad Yousaf. When they reached near his house, Zulfiqar, petitioner and Manzoor alias Judge co-accused, both armed with Sotas, and Nawaz Akhtar, co-accused armed with a double barrel gun, appeared on the scene. Nawaz Akhtar, co-accused, shouted a Lalkara at Aftab Ahmad P.W. that he would not go back alive and thereafter fired at him twice, both of which shots missed. Aftab Ahmad P.W. ran in order to save his life. Nawaz Akhtar, co- accused, pursued him and fired at him, which shot hit his right thigh. Aftab Ahmad P.W: then fell down. Manzoor, co-accused, then inflicted three injuries on him on his back and right shoulder. Zulfiqar, petitioner then inflicted three injuries on him on his head, left back and fingers of his hand. The incident was witnessed by Muhammad Yousaf and Muhammad Abdullah P.Ws. The motive for the occurrence was that two years back Aftab Ahmad P.W. had injured Nawaz Akhtar, co-accused, in respect of which a case was pending against him under section 307, P.P.C.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the record. Bail was not allowed to the petitioner on the ground that one of the injuries inflicted by him on Aftab Ahmad P.W. was on his head, which was on a vital part of the body. The injury on the head has been found to be simple. Manzoor, co-accused who A had also inflicted three blunt weapon injuries on Aftab Ahmad P.W. was allowed bail by the Magistrate. The case of Zulfiqar, petitioner, is not distinguishable, as the injury on the head of Aftab Ahmad P.W. is only a simple injury. In these circumstances, Zulfiqar, petitioner, has made out a case for his release on bail.

4. For the foregoing reasons, this petition is accepted and Zulfiqar alias Zoofa, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.

S.A./Z-14/L Bail granted.

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