1990 PLP 204 (MLD)

‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.307/452 & 307/458‑‑‑Bail‑‑‑Nature of crime has to be ascertained from contents of F.I.R. and not from section labelled by Police in its column‑‑‑Accused after having armed themselves with deadly weapons allegedly committed house‑breaking and caused‑fire‑arm injury to a sleeping woman which prima facie disclosed an offence under S.307/458, P.P.C and not under S.307/452, P.P.C. as mentioned in F.I.R.‑‑‑Offences fell within prohibitory clause of S.497, Cr.P.C.‑‑‑Bail application was dismissed ‑in circumstances. 1986 P Cr. L J 2275; 1986 P Cr. L J 2876; 1984 M L D 1480; 1985 M L D 1603; 1985 P Cr. L J 2762; 1985 M L D 752; 1988 P Cr. L J 114; 1987 P Cr. L J 1014 and 1987 P Cr. L J 1033 ref. Malik Manzoor Ahmad Bhara for Petitioners. Muhammad Yaqoob Khan for the Complainant. This is an application for grant of bail to Riaz Shah and Zafar Shah petitioners in a case under section 307/453/34, P.P.C. registered at P.S. Abbasnagar, vide F.I.R. No.66/89.

2. The prosecution case is that the petitioners after having made preparation to cause hurt, committed house‑breaking at 2‑00 a.m. (night) and caused fire‑arm wound and simple hurt with Dang to Mst. Aziz Mai on 23‑5‑1989.

3. Learned counsel for the petitioners submits that the injuries caused by the petitioners were on non‑vital part of the body and were simple in nature; that the story of the prosecution is improbable; that the petitioners are in jail for the last 3 months and the trial has not commenced. Learned counsel has relied on 1986 P Cr. L J 2275, 1986 P Cr. L J 2876, 1984 M L D 1480, 1985 M L D 1603, 1985 P Cr. L J 2762, 1985 M L D 752, 1988 P. Cr. L J 114, 1987 P Cr. L J 1014 and 1987 P Cr. L J 1033. Learned counsel for the State assisted by the learned counsel for the complainant has opposed this application.

4. I have considered the matter carefully. I do not feel persuaded to agree with the learned counsel for the petitioners. The facts of the two cases seldom coincide. Each case has to be decided on its own facts. The authorities of the superior Courts, more particularly in bail matters, are not of invariable application. The case‑law relied upon by the learned counsel does not apply to the facts and circumstances of this case. The nature of the crime has to be ascertained from the contents of the F.I.R. and not from the section labelled by the police in its column. The contents of the FIR of the instant case prima facie disclose offence punishable under section 307/458, P.P.C. Strangely, the S.H.O. has registered case under section 452/307, P.P.C. The petitioners after having armed themselves with dangerous weapons committed house‑breaking and caused fire‑arm wound to a sleeping woman. The crimes under section 307/458, P.P.C. fall within prohibitory clause of section 497, Cr.P.C. The submissions made by the learned counsel do not make out a case for bail. Dismissed.

5. The Superintendent of Police, Bahawalpur will take action against the officials concerned. The learned Magistrate will conclude trial within four months from today under intimation to the Additional Registrar of this Bench. N.H.Q./R‑172/L Application dismissed.