1983 P Cr (PLP)

S. 497-Bail., grant of-Murder-case

No

particular injury attributed to, petitioner except general allegation that petitioner and another belaboured deceased with lathis when fallen on ground

All injuries except those attributed to main accused declared simple in nature-Petitioner in jail for last 23 months Held, A case for enlargement of petitioner on bail made out, in circumstances. Shah Ahmad Baloch for Petitioner. Khadim Nadeem for the State. Qurban Ali petitioner who alongwith three others is involved in a case under sections 302 and 307/34, P. P. C., has moved this petition for bail. The allegations are that on 5th April, 1977 at 12 noon Faqir Muhammad co-accused armed with hatchet, Qurban Ali petitioner, Sabir Ali and Jalam accused armed with sticks caused injuries to Nawab deceased as a result of which he subsequently died on 7th April, 1977. Faqir Muhammad accused is alleged to have given a hatchet blow from the wrong side on the head of the deceased. Sabir Ali gave him lathi blow which also landed on his head. The deceased fell down, upon which Qurban Ali petitioner and Jalam accused caused him injuries with their lathis.

2. A land dispute between Faqir Muhammad accused and Nawab deceased is said to be the motive of this occurrence.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated due to enmity because the son of the complainant was convicted by Assistant Commissioner, Faisalabad and a close relative of petitioner is working as an Ahlmad under him. According to him, the complainant was under the impression that the said Ahlmad was responsible for the conviction of his son. It is further submitted that no specific injury has been attributed to the petitioner and except the head injuries which have been attributed to Faqir Muhammad and Sabir Ali accused, all other injuries were simple in nature. Lastly, he submits that the petitioner is in jail since 9th April, 1977 and his trial is not in sight, therefore, he is entitled to the concession of bail. I have gone through the relevant material. The post-mortem report shows that the deceased bad six injuries: out of which Nos. 1 and 2 were on tire bead which have been attributed to Faqir Muhammad and Sabir Ali accused. Injury No. 1 was sufficient to cause death in the ordinary course of nature. The medico-legal report further shows that the injuries Nos. 3 to 6 were simple in nature. Learned counsel has placed on record a certified copy of the recovery memo. of the lathi allegedly recovered from the petitioner which shows that it was 41' long wooden stick. The petitioner is in jail for1he last 23 months. No particular injury has been attributed to him but there is general allegation that he and Jalam accused belaboured the deceased with lathis when he had fallen down. All the injuries except those attributed to Faqir Muhammad and Sabir Ali have been declared simple in nature. In the circumstances. I feel that a case for the enlargement of the petitioner is made out. Consequently, I admit him to bail in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Faisalabad. Bail granted.