Find a Lawyer

Criminal Miscellaneous Nos. 1455-B and 1812-B of 1986, decided on 28th September, 1986.

---S. 497(5)--Penal Code (XLV of 1860), Ss. 324 & 325/148/149--Bail, cancellation of--Injuries attributed to all accused--Grievous injuries not specifically attributed to any accused--Sharp-edged weapon injuries on non-vital parts and simple in nature--Grievous injuries also on non-vital parts of body of injured--Exercise of discretion in allowing bail to accused, held, was not improper equiring interference by High Court in circumstances.

Arshad Mahmood for Petitioner.

Awan Muhammad Hanif for Respondent.

Nemo for the State.

Date of hearing: 28th September, 1986.

This order will dispose of Criminal Miscellaneous 1455-B of 1986 and Criminal Miscellaneous 1812-B of 1986 as they arise out of one F.I.R. and common questions of law and facts are involved.

2. The prosecution case in brief is that on 17-2-1986 at about 6.30 a.m. Shahbaz complainant and Mukhtar Ahmad P.W. were proceeding to their respective lands. When they covered a distance of one square from the village they parted for their respective fields. Shahbaz complainant had hardly covered a distance of one Killa when he heard the cries of Mukhtar P.W. He saw Baig accused having caught hold of Mukhtar. Muhammad Hamaish and Ahmad accused armed with hatchets and Jahangir and Ashraf accused armed with sticks were also present there raising Lalkaras. Shahbaz complainant rushed to that side to save Mukhtar P.W. Noora and Majha P.Ws. also were attracted to the spot. All the four accused namely, Hamaish, Ahmad, Jahangir and Ashraf started giving blows to Mukhtar P.W. with their respective weapons. Mukhtar fell down. The right thigh, calf and right arm of Mukhtar were broken. The accused left the spot. Mukhtar P.W. went unconscious. He was taken to Civil Hospital Faisalabad for medical examination and treatment. The motive was stated to be that both the parties quarrelled with each other about four years earlier. Both sides were prosecuted but acquitted on account of compromise on the intervention of the respectables of the village. It is alleged that in spite of that compromise the accused nursed grudge against the present complainant party.

3. Mukhtar P.W. was medically examined on 17-2-1986 at about 9-45 a.m. The medical officer found 7 injuries in all on his person. Injury No. l on the back of right hand and injury No. 6 also on the right hand had been caused by sharp-edged weapon. The remaining five injuries were by blunt weapon. Injury No. 2 was a swelling on the back of right forearm. Injury No.3 was a swelling on right thigh above knee and injury No.5 was a swelling on right leg below knee. These three injuries were grievous because of fractures of bones. Injuries Nos. 4 and 7 were of simple nature.

4. Baig accused was empty handed. He seas allowed bail by the learned trial Magistrate. Muhammad Hamaish and Ahmad accused were allowed bail by Additional Sessions Judge, Faisalabad on 19-4-1986 firstly because sharp-edged weapon injuries were of simple nature, secondly, that the petitioners were in lock up for more than one month and thirdly that none of the grievous injuries was specifically attributed to any of the individual accused. Jahangir and Ashraf accused were allowed bail by the learned Additional Sessions Judge on 21-5-1986 for the reasons firstly, that grievous injuries could not specifically be attributed to the petitioner that Mukhtar P.W. was discharged from hospital on 19-4-1986; that the accused petitioners are in lock-up for more than two months and that their co-accused have already been admitted to bail. It was observed by the learned lower Court that Jahangir P.W. was not shown to be armed with any weapon in the F.I.R. I may here state that this observation of the learned Additional Sessions Judge was not correct.

5. I have heard the learned counsel appearing on behalf of the parties. According to the F.I.R. all the accused caused injuries to Mukhtar P.W. with their respective weapons simultaneously. It cannot, therefore, be said with certainty as to who precisely caused grievous injuries to Mukhtar P.W. The two sharp-edged weapon injuries are on right hand of Mukhtar P.W. These are of simple nature. The injuries Nos. 4 and 7 which are by blunt weapon and of simple nature were on knee and back of left chest lower part. Injury No.2 is on the back of forearm. Injury No.3 is on right thigh above the knee and injury No.5 is on right leg below the knee. The three grievous injuries are obviously not on vital parts of the body. In view of this situation without making further observations on merits of the case I am of the view that the 'exercise of discretion in allowing bail to the four accused was not improper requiring interference by this Court. I. therefore, find no l merit in these petitions which are accordingly dismissed.

S.A./739/L Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.