Find a Lawyer

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307‑‑Bail, grant of‑‑Petitioner giving repeated Chhuri blows causing six injuries on the person of his victim including one grievous injury on abdomen‑ ‑Co‑accused already enlarged on bail, attributed only minor role of Japha‑‑Prima facie reasonable grounds to believe that petitioner was guilty of committing offence under S. 307, P.P.C. existed‑‑Petitioner declined bail, in circumstances.

Muhammad Bashir Khan for Petitioner.

Javed Masood Bhatti for the State.

Shams‑ud‑Din alias Shamma petitioner herein stands arrested for having made murderous assault on Zafar lqbal with Chhuri on 2‑2‑1986. The occurrence was reported on 4‑2‑1986 at Police Station Mitru, District Vehari by Gul Muhammad complainant father of Zafar lqbal the injured P.W. According to the F.I.R., Mamma co‑accused of the petitioner held Zafar lqbal P.W. in his grip while the petitioner dealt repeated Chhuri blows causing six injuries on his person including one grievous injury on his abdomen. The motive behind the attack was stated to be that complainant's son Muhammad lqbal and his son‑in‑law Allah Diwaya had murdered Nur Muhammad of Mohana family about a fortnight before and in order to take revenge of that murder the petitioner (Mohana by caste) attacked Zafar lqbal P.W.

2. It appears that the petitioner remained on interim pre‑arrest bail till 5‑5‑1986 when he was arrested as a consequence of the rejection of bail application by Sessions Judge. Exactly a month later i.e. on 5‑6‑1986 the Ilaqa Magistrate allowed him bail. Against this: the complainant made an application to the learned Sessions Judge who vide order, dated 30‑11‑1986 cancelled the bail of the petitioner. Feeling aggrieved thereby the petitioner has filed the instant petition for bail.

3. I have heard learned counsel for the petitioner at some length as well as for the State and perused the record.

4. It is contended that challan in the case has not so far been put in Court and that Mamma co‑accused of the petitioner has already been allowed bail, therefore, the petitioner also deserves grant of concession of bail. The A.S.I. who is present with record states that challan has since been put in Court and that lie has brought the record today from the trial Court. Mamma co‑accused of the petitioner has been attributed minor role (Japha), therefore: his release on bail hardly furnishes ground for enlarging the petitioner on bail who has allegedly caused repeated blows with Chhuri on the person of Zafar Iqbal including one grievous injury which is in his abdomen. Therefore, prima facie there exist reasonable grounds to believe that he is guilty of committing the offence under section 307, P.P.C.

The petition is, therefore, dismissed.

S.G.D./S‑21/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.