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Appeal No. 637-B of 1987, decided on 22nd March, 1987
--S.497(5)--Penal Code (XLV of 1860), S.336/302/307/325/148/149- Bail, cancellation of--Injuries resulting in death of deceased caused by accused--Assault launched on deceased from house of accused and deceased was also recovered in an injured and unconscious condition from his house--Bail granted to accused cancelled in circumstances.
Naveed Shahryar for Petitioner.
Sabir Nasim for Respondent No.l.
Altaf Muhammad Khan for the State.
Date of hearing: 22nd March, 1987.
The petitioner seeks cancellation of bail granted to Ghulam Rasul, respondent No.l by the Sessions Judge, Gujrat vide order, dated 2-2-1987, in a case registered against the respondent and four others under section 336/302/307025/148/149, P.P.C., at Police Station, Jalalpur Jattan, District Gujrat, on 3-4-1986 at the instance of the petitioner.
2. The prosecution case is that Ghulam Rasul respondent alongwith his co-accused was sitting in his house. When Muhammad Yusuf (deceased) reached near the house of respondent, all the accused (including the respondent) came out and on the lalkara given by Rehmat Khan, Lai Khan gave a sota blow on the right leg of Muhammad Yusuf. He fell down. Whereafter, Ghulam Rasul respondent gave a Sots, blow on the left leg of Muhammad Yusuf. The blow by Rehmat Khan fell on the right leg of the deceased. Thereafter, all the accused started giving blows with their respective weapons. Ghulam Qadir co-accused continued firing in the air. After the arrival of the witnesses, the accused dragged Muhammad Yusuf (deceased) .to the house of Ghulam Rasul respondent, wherefrom he was recovered in an unconscious condition by the police, on the information supplied by the petitioner.
3. Post-mortem report shows that the deceased had suffered in all 24 injuries. Out of these injuries, injuries Nos. 10, 11, 12 and 24 which were declared grievous, were opined to be the cause of death. Out of the seven injuries on the left leg, the two injuries, i.e. Nos. il and 12 are two out of the four injuries opined to be the cause of death. Petition for bail moved by the respondent on medical grounds was rejected by Additional Sessions Judge, Gujrat vide order dated 7-9-1986. Thereafter, he moved petition for bail' on merits which was accepted by Sessions Judge, Gujrat vide order dated 2-2-1987. Motive of the occurrence was previous disputes between the parties, as a result of which they were opposing each other in civil and criminal litigation. The main fact which weighed with the learned Sessions Judge in granting bail to the respondent was that it was not possible to discern that respondent had caused the fatal injury on the leg of the deceased.
4. The factual position about the number of injuries, which have been opined to be the cause of death, have been noted above. According to that two injuries on the left leg were also the cause of death. Although it is not possible to say with any amount of exactitude that the respondent had caused those two injuries, but the only person who has been assigned the role of causing specific injury on left leg, is the respondent. Nobody else has been assigned any specific, injury on the left leg. The assault was launched on the deceased by the accused, who were in ambush in the house of the respondent. The deceased was also recovered in an injured and unconscious condition from his house. In the circumstances the authority (1980 SCMR 784) cited by the learned counsel for the respondent, does not advance the case of the respondent, as in that case the other imports" consideration for grant of bail was counter-version registered at the instance of the petitioner of that case and also the fact of his having been found injured. This petition is, therefore, accepted and the bail granted to Ghulam Rasul respondent by the Sessions Judge, Gujrat vide order dated 2-2-1987 is cancelled. He shall be taken into custody.
Bail cancelled. M.Y.H.IM-2851L
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