1994 P Cr (PLP)

M. Shafi Qureshi for Applicant. Fareed Ahmad Davo for A.-G. for the State. Applicant Muhammad Zaib son of Hazrat Gul is facing trial for offences under sections 307, 147,

148. P.P.C. registered at Police Station Qauidabad vide F.I.R. Crime No.246/1986 and is now facing trial before the learned IIIrd Additional Sessions Judge, Karachi West. The applicant applied for bail before the trial Court but the same was rejected, as such, he has preferred the present bail application. The case of the prosecution is that complainant Haji Zafar Khan lodged report in which he stated that on 5-8-1986 at about 9-45 p.m. while he was going towards Police Station Quaidabad, near Gulistan Cinema he saw about 150 workers of Port Qasim who were hooting and calling him a police Chamcha. They also told him not to take the side of the opposite group of labour and that they will not leave him alive. He saying the applicants and four others are said to have attacked him with Danda, hooks and knives with the intention to kill him. Accused Jehandad is alleged to have caused him a knife injury on his face while accused Aziz-ur-Rehman had caused him injury on his back and the remaining persons caused him Danda blows. At that time one Haji Khalil-ur-Rehman came there to rescue the complainant and at that time. accused Aminur Rehman and Saeed Umer attacked him with knives causing injuries on his head and back while the applicant Muhammad Zaib is said to have caused him an injury with a hook on his left leg. Some persons then separated them and thereafter the accused persons went away. The submission of the learned counsel is that the applicant is said to have caused a hook injury on the left leg of P.W. Khalil-ur-Rehman which is not a vital part of the body. It was also urged that there was trade union rivalry between the parties and the present incident is the outcome of that dispute, The incident has taken place at the spur of the moment and now after the amendment in the Pakistan Penal Code through Qisas and Diyat Ordinance the applicant is liable for hurt caused to P.W. Khalil-ur-Rehman. The learned counsel for the State also does not oppose this bail application. So far as the causing of injuries to the complainant is concerned, there is no specific allegation against the applicant. The applicant is alleged to have caused injury to P.W. Khalil-ur-Rehman when he tried to separate the parties. By any stretch of imagination, it certainly cannot be said that the applicant had the intention to kill P.W. Khalil-ur-Rehman. The causing of injury to P.W. Khalil-ur-Rehman was at the spur of moment when the passion of the parties' p was at its height. As such, the applicant will be liable for the injury thus caused which falls under section 337-F, P.P.C. It is obvious that if the said P.W. had not intervened, such an injury would not have been caused and therefore, the causing of injury to P.W. Khalil-ur-Rehman was not with the intention to cause his death. In the circumstances bail is granted to the applicant on his furnishing one surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the Nazir of this Court. By a short order, dated 12-12-1993 bail was granted to the applicant, these are the reasons for the same. N.H.Q./ M-1947/K Bail granted.