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Criminal Petition No. 164/B of 1987, decided on 4th February, 1987.

‑‑‑S. 497 ‑‑Penal Code (XLV of 1860), Ss. 302 & 452/34‑‑Bail, grant of‑ Accused allegedly causing blunt weapon injuries to deceased‑‑ Deceased allegedly dragged by co‑ accused from one house to other‑‑No abrasions found on body of deceased‑‑Solitary minor blunt weapon injury found on person of deceased‑‑Evidence on record did not unequivocally shove accused to have had criminally participated in crime imputed to him‑ Bail granted in circumstances.

Naeem Ullah Khan Sherwani for Petitioner.

Ashraf Khan for the State.

Date of hearing: 4th February, 1987.

This is a petition under section 497/498, Cr.P.C. by Dilawar Hussain alias Bhalli, petitioner, for bail in respect of a case instituted against him and three others under sections 302/452/34, P.P.C. at Police Station Rangpura, District Sialkot, on 16‑5‑1986.

2. The prosecution case in brief is that a day before the occurrence, Sajjad Hussain alias Patanga, deceased and Sajawal, co‑accused had abused each others. On 16‑5‑1986 at 8‑30 p.m. Sabir Hussain, co‑accused, came to the house of Muhammad Ilyas, complainant, who is the brother of the deceased, for effecting a compromise. During conversation, Sajjad Hussain alias Patanga, deceased, and Sabir Hussain, co‑accused fell out and exchanged abusive language. Hearing the noise, Muhammad Nazir P.W., a neighbour rushed to the complainant's house. Likewise, Dilawar Hussain alias Bhalli, petitioner, armed with a Danda, Sajawal alias Bhola, co‑accused, armed with a Chhuri and a hatchet, and Nazir alias Jeera, co -accused, armed with a Chhuri, also turned up; they being residents fifteen/sixteen Karams away. Sabir Hussain, co‑accused took the hatchet which Sajawal, co‑accused, had with him and inflicted two/three injuries with the same on the head of Sajjad Hussain alias Patanga, deceased. Sajawal, co‑accused, inflicted Chhuri blows on the chest and abdomen of the said deceased. Then all the four co‑accused, including the petitioner, brought the deceased down the staircase and took him to their home, dragged him all the way. On the way, Dilawar Hussain petitioner, and Nazir co‑accused, gave Chhuri and Danda blows to the deceased.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the police file. According to the post -mortem report of Sajjad Hussain alias Patanga, deceased, the deceased' suffered ten incised wounds on various parts of his body and one lacerated wound 1 c.m. x 1/2 c.m., on the back of the left hand. The post‑mortem report does not show any abrasions on any part of the body of the deceased to show that he was dragged down the staircase from the house of Sabir Hussain, co‑accused, right up to the house of the accused. Though the police have found Dilawar Hussain, petitioner, guilty and have challaned him, the solitary and somewhat petty blunt weapon injury on the deceased does not unequivocally affirm the case of the prosecution that the deceased was dragged from the house of the complainant to the house of one of the accused and he was given Danda blows by Dilawar Hussain, petitioner, in particular, on the way, whilst he was being so dragged. The evidence on the record does not unequivocally show that the petitioner can be reasonably stated to have criminally participated in the offences imputed to him. Without going on the record as having given any opinion in the matter, I would only hold, for the limited purposes of this bail petition, that thee petitioner is entitled to be released on bail.

4. For the foregoing reasons, this petition is accepted and Dilawar Hussain alias Bhalli, petitioner is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30.000) with, two sureties each in the like amount to the satisfaction of the Assistant Commissioner Sialkot.

S.A./D‑3/L Bail allowed.

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