1999 PLP 1352 (MLD)

Tahir Mahmood Gondal for Petitioner. C.M. Latif Rawn for the Complainant. Kh. Muhammad Iqbal for the State. A case under sections 337-A-I, and 337-A-III/F-1/34, P.P.C, is registered against the petitioner and others on the ground that he while armed with hatchet alongwith one unknown person armed with a Danda inflicted multiple injuries on the person of Bashir Ahmad i.e. the injured person. They applied for post-arrest bail, which was granted by the learned Magistrate vide his order dated 17-1-1998 on the ground that there was discrepancy between the medical evidence and the ocular account of occurrence, vis-a-vis the injuries on the person of the victim. In this respect it was pointed out that though the petitioner had used the hatchet but all the injuries were found by the Medical Officer to have been inflicted with a blunt weapon. Finding it a case of further inquiry the petitioner was admitted to bail. The complainant side moved an application for cancellation of the bail on the ground that the victim had suffered a number of injuries and remained unfit to make statement for about 14 days; that due to the serious condition of the victim the petitioner was not entitled to bail particularly when the accused side was extending threats to the life of the victim.

2. The petition for cancellation 'of bail came up before the learned Additional Sessions Judge, Kharian, who vide his order dated 20-2-1998 accepted the petition and cancelled the bail granted to the petitioner by the learned trial Magistrate. The investigation is now complete. It is admitted from both sides that there was enmity between the two families in respect of some' murder, which is running for the last 10 years. It is also conceded that according to the Medico-Legal Report all the injuries on the person of the victim were found to be inflicted with a blunt weapon, although according to the F.I.R. hatchet was used by the petitioner. So for as the alleged threats, there is no formal F.I.R. regarding such threats so as to deprive the petitioner of his right of bail.

3. After making the tentative assessment of the foregoing facts, I am of the view that it is a case of further inquiry. Accordingly, order passed by the learned Additional Sessions Judge, Kharian cancelling the bail of the petitioner is set aside and he is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. However, if at any stage it is brought to the notice of the trial Court that petitioner is extending threats and reliable evidence is brought forward, it shall be open for the learned trial Court to consider cancellation of bail if so applied.

4. In view of the peculiar circumstances, and background of enmity between the two sides, it is directed that the trial Court shall decide the case expeditiously. N.H.Q./M-680/L Bail allowed.