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Criminal Miscellaneous No.1551-B of 1987, decided on 20th May, 1987.

--S.497--Penal Code (XLV of 1860), Ss.307/326/324/34--Bail, grant of--Injuries specifically attributed to accused declared simple--Two of co-accused to whom identical part of infliction of injuries with knives attributed found innocent and released on bail by trial Court--Accused in jail for last four months and no longer required for investigation and in peculiar circumstances of case question of application of 5.307 or 324, Penal Code, which was a bailable offence, requiring serious consideration and. further inquiry--Accused admitted to bail in circumstances.

Ch.Ehsan Ullah Khan Lilla for Petitioners.

Ch. Akhtar Shabbir Addl. A.-G. assisted by Ch. Inayat

Ullah Chima for the State.

Date of hearing: 20th May, 1987.

This is an application for grant of bail to Muhammad Akram and Muhammad Anwar petitioners in a case under section 307/326/324/34 PPC, registered at P. S. Gojra City, vide FIR No.1.6/87 dated 27-1-1987.

2. The prosecution case is that the petitioners and two others namely Shahid and Nasir in furtherance of their common intention launched murderous assault on Muhammad Aslam and caused as many as 13 injuries on his person. As for the petitioners it has been alleged that they were armed with knives and caused injuries on different parts of the body including chest.

3. Learned counsel for the, petitioners submits that the two co-accused namely Shahid and Nazir, to whom identical role was attributed in the FIR as well as in statements of the eye-witnesses including injured witness having been found innocent during the investigation; have already been released on bail and that the injuries allegedly caused by the petitioners have been declared simple. Conversely, the learned Additional Advocate-General assisted by the learned counsel, for the complainant has seriously opposed this application on the grounds that the number of the injuries and the location thereof shows that the petitioners had no intention other than that of causing his death; that the petitioners are desperate persons and few months before the present occurrence they had attacked Muhammad Aslam, victim of this case and as such, are not entitled to the concession of bail; that on 6-2-1987 Muhammad Akram petitioner had threatened Javed, eye-witness of this case with dire consequences and had declared that in case he makes statement against them in the instant case, they will do away him and report to his effect was lodged at the police station which was entered in the Roznamcha; that the co-accused were declared innocent by the police on the basis of 'Nian' of one person only against whom the complainant had made application to the Investigating Officer that he had received Rs.18,000 and his 'Nian' was not acceptable to him and that the victim is still under treatment.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioners I find that according to the FIR; statement of Muhammad Aslam injured and other eye-witnesses, the petitioners as well as the two co-accused namely Shahid and Nisar caused injuries on the person of Muhammad Aslam P.W: that 13 injuries found on the person of Muhammad Aslam including injuries specifically attributed to the petitioners have been declared simple; that the two co-accused namely Shahid and Nasir to whom identical part of the infliction of injuries with knives has been attributed having been found innocent have been released on bail by the learned trial Court; that the petitioners are in jail since February, 1987 and are not required for investigation and that in the peculiar circumstances of the case, the question of the application of section 307 or 324 PPC, which is a bailable offence, requires serious consideration and further inquiry. That being the situation, the arguments addressed by the learned A . A . G . that the petitioners are desperate persons; that they had made murderous assault on Muhammad Aslam a few months before the present occurrence and that Muhammad Akram had threatened one of the prosecution witnesses before he could be arrested in this case, do not disentitle the petitioners to concession of bail.

For what has been said above, the petitioners are allowed bail in the sum of Rs.20,000 (Rupees twenty thousand) with one surety B each in the like amount to the satisfaction of AC /Duty Magistrate, Gojra City.

5. Since the challan has already been submitted, the learned trial Court is directed to conclude trial within 3 months.

M.Y.H. /M-407/L Bail granted.

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