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Criminal Miscellaneous No. 2252/13 of 1986, decided on 30th September, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/148/149‑‑Bail‑‑Injuries caused by accused declared simple in nature in medico‑legal report‑ Post‑mortem report showing two injuries on dead body, one was a large foul smelling wound on left side and back of left hip and other was a depressed fracture of frontal bone‑‑Large foul smelling wound was gangrenous and sufficient to cause death in ordinary course of nature but in medico‑legal report such injury was described as 'multiple abrasions' on out upper left buttock caused by a blunt weapon‑‑Case for grant of bail to accused, held, was made out in circumstances‑‑Bail granted.

Ghaus Muhammad Chaudhry for Petitioner.

Muhammad Altaf Khan for the State.

Muhammad Mushtaq petitioner alongwith others is involved in a case under sections 148 and 302/149, P.P.C. He has moved this petition for bail.

2. The prosecution version is that on 7th August, 1985 at about evening time the petitioner and his brothers Muhammad Aslam, Muhammad Ashraf, Muhammad Iqbal and Muhammad Ashfaq and their mother Mst. Hajra quarrelled with Muhammad Siddiq deceased. Muhammad Aslam, Muhammad Asrhaf and Muhammad Iqbal were armed with hatchets, Ashfaq had a Sota and Mushtaq petitioner had an iron‑Sabbal. Mst. Hajra exhorted them to kill the deceased, upon which Mushtaq petitioner gave a Sabbal blow on the right shoulder and Ashfaq gave him a Sota blow on the forehead, as a result of which he fell down. Then all the accused gave him several blows with their weapons and ran away from the spot.

Muhammad Siddiq injured was medically examined on 7th August, 1985. There were nine injuries on his person. Injuries Nos. 2 and 4 were kept under observation and the rest were simple. He was discharged from the hospital on September 3, 1985. Subsequently, he was admitted in Maya Hospital, Lahore, on 15th September, 1985 where he expired on 17‑9‑ 1985.

3. Learned counsel for the petitioner contends that the injury attributed to the petitioner was declared simple in nature and his case is at par with that of Muhammad Ashraf and Muhammad Iqbal who have been released on bail by this Court. It is further submitted that the F.I.R. was lodged two days after the occurrence and sufficient time was gained to built up a story so as to involve Mst. Hajra and all her sons in this case. The learned State counsel has opposed the prayer for bail. He submits that the petitioner is named in the F.I.R. with a specific role, therefore, no ground for bail is made out.

4. I have considered the submissions made by the learned counsel for the parties. In the F.I.R. it was stated that the petitioner gave a Sabbal blow to the deceased on his right shoulder. According to the medico‑legal report, there were two incised wounds on the right shoulder. Out of these one was declared simple and the other was kept under observation which was also later on declared simple. According to the post‑mortem report, there were two injuries on the dead body. Injury No. 1 was a large foul smelling wound on the left side and back of left hip and the other was a depressed fracture of the frontal bone. The large foul smelling wound, referred to above, was gangrenous and sufficient to cause death in the ordinary course of nature. In the medico‑legal report this injury was, described as "multiple abrasions" on outer upper left buttock. It was caused by a blunt weapon. In the circumstances, I feel inclined to the view that a case for the grant of bail to the petitioner is made out. He is, therefore, admitted to bail subject to his furnishing security in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Okara.

M.Y.H./M‑119/L Bail granted.

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