1995 P Cr (PLP)

Being one of the accused in case F.I.R. No.120/93 registered at Police Station Sahooka; District Vehari under section 341/337‑F(V)/337‑A(1)/ 148/149, P.P.C., on 30‑6‑1993, Muhammad Saai has moved this Court under section 497/498, Cr.P.C., for‑his post‑arrest bail. The same request having been refused to him by the learned Additional Sessions Judge, on 9‑9‑1993.

2. The case of the prosecution according to the F.I.R. is, that on 26‑6‑1993 at about 4‑00 p.m. the complainant alongwith one Khan Muhammad, after purchasing some articles of daily need from Adda Rehmonwala, were coming back on foot to Chak No.293/EB. It is further alleged that when they, reached in the land of Muhammad Tayyab, resident of Chak No.281/EB, there from Jawar crop Muhammad Saai, Niaz Muhammad sons of Ghulam Hassan, of Chak No.309/EB, Muhammad Irshad son of.Ali Muhammad, Muhammad Yaseen, Muhammad Amin, armed with Sotas, Akbar Ali Khokhar, armed with .12 bore gun suddenly came out. Akbar Ali stopped the complainant and Khan Muhammad at the point of gun. Niaz Ahmad raised Lalkara that Ibrahim will be taught a lesson for insulting Muhammad Saai. On this Muhammad Saai gave Sota blow upon Khan Muhammad which hit at his right wrist and the bone was broken. Niaz Ahmad caught hold the complainant from his collar and insulted him. It is further alleged that Muhammad Irshad, Muhammad Yasin, Muhammad Amin gave Sota blows to the complainant on various parts of his body. Muhammad Saai and Niaz Ahmad gave Sota blows upon Khan Muhammad on different parts of his body. It is also alleged that Khan Muhammad fell down on the ground and raised hue and cry which attracted Muhammad Sharif and Khushi Muhammad and some other residents of the village, seeing whom the accused persons ran away with their Sotas. The motive for the offence as stated in the F.I.R. is that a month earlier there was a quarrel between Muhammad Saai‑Joya and Muhammad Ahmad etc., and they insulted Muhammad Saai and he suspected that it was done at the instance of complainant Muhammad Ibrahim.

3. It was contended very vehemently that there is a delay of 4 days in lodging the F.I.R. without any plausible explanation which goes to the hilt of the case of prosecution and makes it a case of further inquiry. It was further contended that co‑accused of the petitioner namely, Niaz Muhammad with the similar allegations has since been released on bail, so on the point of rule of constituency the petitioner is also entitled for the same concession. It was lastly argued that the injuries attributed to the petitioner, are on the non‑vital part of the body and were not at all dangerous to the life of the injured person and the offence with which the petitioner is charged, does not fall under the prohibitory clause.

4. Learned counsel appearing on behalf of the State opposed this bail application.

5. After having heard both sides, I have also perused the record in the case. I find that Muhammad Saai, petitioner is attributed number of injuries on the person of the injured including a fracture of the right wrist of Khan Muhammad P.W. Except this wrist injury, the remaining injuries are simple in nature, caused by the blunt weapons. By causing fracture of a bone without dislocating it is said to be Hashimah and the offender is liable to Daman and may be punished with imprisonment of either description for a terms which may extend to five years under section 337‑F(V), P.P.C.

6. Without further probe in or inquiry into the determination of the guilt of the petitioner, taking into account the fact that the offence with which the petitioner is charged, does not fall within the prohibitory clause contained in A section 497, Cr.P.C. and also the fact of delay of 4 days in lodging the F.I.R" T feel that the case against the petitioner falls under subsection (2) of section 497, Cr.P.C. 7.In view of the above noted facts and circumstances I direct that the petitioner shall be enlarged on hail provided he furnishes bail bond in the sum 8 of Rs.50,000 with one surety in the like amount to the satisfaction of A.C., Burewala. N.H.Q./M‑1772/L Bail granted.