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Criminal Miscellaneous No. 741/13 of 1987, decided on 24th March, 1987.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/34‑‑Bail, grant of‑‑Accused firing with guns at their victim and injuring him‑‑Victim not suffering any bony injury‑‑Challan with prosecution branch even after about one year‑‑Bail allowed to accused in circumstances.

Syed Shakir Ali Rizvi for Petitioners.

Date of hearing: 24th March, 1987.

Muhammad Aslam and Arshad petitioners are accused of having murderously assaulted Asif. The case was registered against them at Police Station Ferozewala on 9‑5‑1986.

2. Asif married Aslam petitioner's mother Mst. Mukhtar Begum. Later their relations became strained and she filed a suit for the dissolution of marriage which is pending thus petitioner bore a grudge against Asif and on the day of occurrence, Mansha took Asif to an open place where they started playing cards in the evening at about 6 p.m., just then, Aslam and his friend Arshad petitioners armed with .12 bore guns appeared there and fired at Asif as a result of which he suffered two injuries, one on the left fore‑arm and the other on the leg. In this firing, Mansha also suffered some injuries.

3. Learned counsel for the petitioners contended that it is almost a year now and the case is still with the prosecution branch. Further, contended that as borne out from the medical examination, the victim did not suffer any bony injury. In view of these circumstances and the fact that it is almost going to be a year now and the case has not gone to Court, petitioners are allowed bail in the sum of Rs.10,000 (Rupees ten thousand) each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Ferozewala.

S.A./M‑132/L Bail allowed.

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