Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Miscellaneous No. 823-C/B of 1986/BWP,decided on 18th October, 1986.
---S. 497(5)--Penal Code (XLV of 1860), S. 326/34--Bail, cancellation of--Accused holding injured in Jappha facilitating chopping off nose by c6-accused--Accused having motive against injured--Allegations supported by three witnesses--Reasonable grounds existed to believe accused was guilty of offence punishable under S. 326/34, P.P.C.--Bail cancelled and order of Magistrate granting same was, held, not justified in circumstances.
Ch. Muhammad Ashraf Mahandra for Petitioner.
M.A. Hameed for the State.
Muhammad Asif Khan and Muhammad Salim Khan for Respondent.
Mughal, complainant, has applied for the cancellation of bail of Manzoor Ahmad, respondent, who alongwith his two brothers Sharif and Latif and one Jam, in furtherance of their common intention had cut off his nose on 27-10-1985.
2. The respondent was arrested on 28-10-1985 and was allowed bail on 6-1-1986 by the Ilaqa Magistrate. An application for cancellation of his bail was moved in the Court of Ilaqa Magistrate, which was dismissed on 2-2-1986. Thereafter, the petitioner moved the Additional Sessions Judge, Rahimyar Khan, but it also met the same fate vide order, dated 12-5-1986, hence this application.
3. According to prosecution, Mughal petitioner with Ghulam Nabi and Samar P.Ws. reached Sadiqabad City Bus-stand, in order to participate in a Punchayat where Latif armed with a razor, Sharif and Jam with pistols and Manzoor (respondent) empty-handed confronted him. The accused who were armed with pistols stood at a distance and the respondent took the petitioner in his Jappha while Latif chopped off his nose. The petitioner in the process suffered five more injuries on his face and hand.
4. I have heard learned counsel for the petitioner as well as for the respondent at some length. Ordinarily, it appears difficult that one person would be able to chop off the nose of another person, therefore, the respondent seems to have participated and played an active role by taking the petitioner in his grips and facilitated his brother Latif to chop off his (petitioner's) nose. There also exists motive on part of the respondent and his co-accused to perpetrate the crime as Umar Bakhsh son of the complainant /petitioner had insulted Mahra brother of the respondents for latter's letting loose his animals in the crop of the petitioner. The allegations are supported by three eye-witnesses. In these circumstances, I find that there appear reasonable grounds to believe that the respondent is guilty of committing an offence under section 326/34, P.P.C. which is punishable with 10 years' R.I. or above. The order of the learned Ilaqa Magistrate granting bail to the respondent is not justified. Consequently, respondent's bail is cancelled who shall be taker' into custody and committed to jail during the trial. This petition succeeds in the terms indicated above.
S . A . Bail cancelled.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer