1999 PLP 1526 (MLD)

Laal Khan Baluch and Muhammad Nawaz for Petitioner. S.D. Qureshi for the State. Date of hearing: 1st June, 1998. Muhammad Ismail got recorded F.I.R. No.277, dated 17-10-1997 under section 324/34/109 of Pakistan Penal Code with respect to an occurrence taking place on 14-10-1997 at 8.00 p.m. in a marriage festival. Muhammad Nawaz petitioner-accused armed with rifle alongwith his co-accused who were also armed with lethal weapons is said to have gone to a place where the marriage festival was being enjoyed. An occurrence had earlier taken place wherein the accused party was insulted by the complainant party. Muhammad Nawaz petitioner fired with the rifle which hit his left ankle and went through and through. His co-accused injured the other persons. Muhammad Nawaz was arrested on 6-12-1997 whose bail plea has been rejected by the learned lower Courts and he has moved this Court with the same desire.

2. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. The contention of the learned counsel for the petitioner that the left ankle is not the vital part of the body has failed to impress me. Under the Islamic Law every part of the body of the person i.e. whole of the anatomy has not distinction as vital or non-vital Part of the body. I would express that the removal of the eye-lashes etc. has been declared as the offence under the Islamic Law and made punishable in country in view of the provisions of section 337-V of the Pakistan Penal Code. I would exemplify by expressing that if one finger of the foot of a high-speed cricketer is removed he would not be able to show his performance in a meritorious manner. I do not give weight to this assertion.

3. With respect to the merits of the case, no doubt there is delay of three days in the registration of the F.I.R. However, I have to express that it is not a, case for the admission of this petitioner to bail. According to section 324 of the Pakistan Penal Code, in addition to the sentence under section 324 of the Pakistan Penal Code the accused in case of proof of the guilt/charge is also liable under section 337-F of the Pakistan Penal Code which in the instant matter would be section 337-F (vi) Pakistan Penal Code in view of the medico-legal report forming part of the police file the perusal of which has been made by this Court. There was compound fracture on the lower end of the lower tibia. The bullet crossed the ankle. The use of the fire-arm is enough to make out the prima-facie attraction of section 324 of the Pakistan Penal Code which falls' within the prohibitory clause. With the material collected by the police I hold' that it is not a fit case for the admission of this petitioner to bail. The non registration of the criminal cases making out the delay in the matter has become an order of the day as the cases of un-influential persons are not registered by the police well in time as in the instant case wherein the complainant and the victim Muhammad Sarwar are Muslim Sheikh by Caste. This aspect of the matter is not i being given any weight by this Court.

4. Finding no force in this petition I dismiss the same. H.B.T./M-697/L Petition dismissed.