1998 PLP R500 (SCMR)

MUKHTAR AHMAD JUNEJO, J.

Leave to appeal is sought against a judgment dated 23-10-1994 by a learned Single Judge of the High Court of Sindh in Criminal Miscellaneous Application No.515 of 1994. On 13-7-1994 respondent No.1 Haji Noor Jamal filed criminal case against petitioner Jan Muhammad and his son Khalid Jan for offence punishable under section 324, P.P.C. amended by Qisas and Diyat Ordinance. Police registered the case under F.I.R. No.110 of 1994. Prosecution case, as per the F.I.R., was that on 13-7-1994 at 10.30 a.m. complainant/respondent No.1 Haji Noor Jamal was present at the platform of his block in Faqir Colony when a jeep came there carrying petitioner Jan Muhammad, his son Khalid and two unknown persons, one of whom questioned Haji Noor Jamal, as to, who was the owner of the property where he was present. The complainant replied that the same belonged to him. Upon this petitioner Jan Muhammad abused complainant Haji Noor Jamal and told his son Khalid Khan to finish him. Upon this, the complainant was caught by Khalid Khan and he was given chhuri blows by the petitioner. The complainant received the injuries over forehead and other parts of body. He raised cries upon which his son Muhammad Aslam came there. The latter was caught by one Mushtaq and was given blows by one Ayaz. Such F.I.R. was lodged by the complainant with Mominabad Police Station under F.I.R. No.110 of 1994. Police took over the investigation and arrested the petitioner and Khalid Khan who moved application for bail in the Court of Sessions Judge, Karachi West. Under an order dated 11-8-1994, the learned Sessions Judge granted bail to both the said accused. Complainant Noor Jamal moved Criminal Miscellaneous Application No.515 of 1994 in the High Court of Sindh for cancellation of bail granted to petitioner Jan Muhammad and his son Khalid Khan. Under the impugned judgment dated 23-10-1994 a learned Single Judge of the High Court declined to cancel bail granted to Khalid Khan, as the application against him was not pressed. Under the same order the learned Judge in Chamber cancelled the bail granted to the petitioner in the following words:-- "I have gone through the medical certificates of the injured Haji Noor Jamal/complainant and his son Muhammad Aslam. There are three incised wounds on Haji Noor Jamal and similar number of wounds on his son Muhammad Aslam. A specific role of causing these injuries is attributed to the respondent No.3 Jan Muhammad. In the background of enmity between the parties over a plot the motive of the accused for the commission of the offence is also spelled out. The case of the respondent No.3 Jan Muhammad was not of further inquiry as there were reasonable grounds to believe that he was guilty of an offence covered by the prohibitory clause of section 497 of Cr.P.C." Hence this petition. Mr. A.M. Naqvi, learned counsel for the petitioner argued that learned Judge in Chamber had not specified the grounds for canceling the bail granted to the petitioner. Referring to section 324, P.P.C., as amended, the learned counsel was of the view that case of the petitioner was covered by latter part of said section and hence the petitioner can be liable only for the hurt caused to the complainant. It was next argued that as per the medical evidence the injuries caused to the complainant were mentioned as Shajjah-i-mudihah punishable under clause (ii) of section 337-A with imprisonment for five years and ShaJjah i-Khafifah punishable with imprisonment for two years as per clause (i) of section 337-A and Jurh ghayr-jaifah badi'ah punishable with imprisonment for three years as per clause (ii) of section 337-F, P.P.C. The petition was opposed by Mr. A.G. Mangi, learned Advocate General who argued that intention of the petitioner in causing injuries to the complained cannot be other than to kill him, as one of the injuries was caused on left side of forehead: In light of the provisions contained in section 324, P.P.C. read with section 337, P.P.C., we agree with the submissions made by the learned counsel for the petitioner. We agree with him that present case is not convered by the prohibition contained in subsection (1) of section 497, Cr.P.C. Consequently, we convert this petition into appeal and direct the appellant to be released on bail if he furnishes two sureties in the sum of Rs fifty thousand each to the satisfaction of the Trial Court and executes to a P.R. Bond in the like amount. N.H.Q./J-133/S Bail granted.