1992 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 337‑F(v)(6)/148 and 149‑‑‑Bail, grant of‑‑‑Accused were named in F.I.R. but were alleged to have caused injuries on non‑vital part of body of injured‑‑‑Accused had allegedly caused only blunt weapon injuries which were simple in nature‑‑‑Accused were not required for purpose of investigation any more‑‑‑Bail was granted in circumstances. Mian Muhammad Akram Ranjha for Petitioners Rana Amir Ahmad Khan for State. Petitioners Zafar, Yar Muhammad and Nawaz seek bail in a case registered with Police Station Kot Moman, District Sargodha for offences under sections 337‑F(5)(6)/148/149, P.P.C. vide F.I.R., dated 12‑2‑199?., The case was got registered with the allegation that on 11‑2‑1992 first informant with his nephew Muhammad Anwar was coming back to their house after buying provisions. When they reached near the Dera of one Ahmad Khan, a car from behind came, from which petitioners along with their co‑accused got down. Nawaz petitioner is alleged to have raised a Lalkara. Another co- accused held Muhammad Anwar, first informant's nephew. Nawaz petitioner gave a Sota below on the neck of said Muhammad Anwar. Petitioners belaboured Muhammad Anwar and thereafter left the spot.

2. Learned counsel for the petitioners at the very outset, submitted that 'he would not press the petition of Muhammad Nawaz son of Amir, petitioner No.3 as he had the motive and was also allegedly responsible for causing grievous hurt. In these circumstances, application of Nawaz petitioner son of Amir is dismissed as not being pressed.

3. It' was contended by learned counsel for the petitioners that only simple injuries were alleged to have been caused by petitioners Zafar and Yar Muhammad. Argued that all the injuries, allegedlly caused by the petitioner, were on, non‑vital part which clearly indicated that they had no intention to cause such an injury which could result in death of the injured. Argued that 1s ever since the arrest the petitioners are behind the bars when they are not even required for purposes of investigation any more. The contentions,, were opposed by learned counsel for the State.

4. I have heard the learned‑counsel and gone through the file. The petitioners are named in the F.I.R. but they are alleged to have caused injuries on the non‑vital part of the body. They are not required for purposes of investigation any more. They had allegedly caused only blunt weapon injuries, which were simple in nature. In these circumstances, petitioners Zafar son of Sardara, and Yar Muhammad son of Muhammad Ali are allowed bail provided each of them furnishes security in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned. H.B.T/Z‑38/L Bail granted.