1995 PLP 232 (MLD)

Noor Muhammad Sarfraz for the State. MA. Hamid for the Complainant. . Date of hearing: 12th June, 1994. The petitioner, who is involved in a case under section 324 of Qisas and Diyat Ordinance, arising out of F.I.R. No.139/93 dated 15‑8‑1993, registered at Police Station Millat Park, District Lahore, seeks to be admitted to bail.

2. As per F.I.R. the petitioner is alleged to have thrown acid on the complainant and three others resultantly they were badly injured.

3. Learned counsel for the petitioner contended that the application of section 324 of Oisas and Diyat Ordinance is of a doubtful character, at the most the case may fall under section 337E(2)(a) of the Qisas and Diyat Ordinance and that the petitioner is a minor as he is less than 14 years of age and has been falsely involved due to enmity, hence the case against him is one of further inquiry and the petitioner is entitled to the grant of bail. He has also contended that the injuries which were sustained by the injured P.Ws. were kept under observation. There is no material on the record whatsoever to substantiate that those injuries were dangerous to life, hence the petitioner is entitled to the relief. Over and above this Shaukat and Rizwan were examined prior to the time of occurrence, as is apparent from their MLRs, which makes the prosecution case further doubtful.

4. Learned counsel for the State assisted by the police officer has opposed the bail application and submitted that the charge has been framed against the petitioner and the witnesses are being summoned. He has also disputed the authenticity of the birth certificate.

5. Learned counsel for the complainant submitted that the injured P.Ws. received extensive burns due to acid. Even he has produced one of the P.Ws. in Court whom I have examined and he has got extensive burns on his body by the acid and those burns are of such nature that they are likely to disfigure the body of the victim permanently. '

6. I have heard learned counsel for the parties and perused the record. Admittedly, the petitioner is nominated as principal accused. He has thrown acid on Shaukat, Babar, Rizwan and Muhammad Azhar, who received burns on their persons which prima facie confirm the version given in the F.I.R. The contention of the learned counsel for the petitioner that from the MLRs it appears that the injured were examined prior to the registration of the case, seems to be misconceived and this contention cannot be appreciated unless and until the doctor's evidence is rttorded. The contention of the learned counsel that prima facie section 324 of Oisas and Diyat Ordinance is not attracted is also without force as it relates to the deeper appreciation of the evidence because in view of the injuries examined by me in Court, it appears that the acid had caused extensive damage to the body of the victims and the possibility cannot be ruled out that the petitioner intended to commit the murder or he wanted to permanently disfigure the P.Ws. hence his case falls within the prohibitory clause and he is not entitled to the grant of bail. Even the evidence regarding the minority of the petitioner is not above board and the case is at evidence stage, I do not think it a fit case for the grant of bail, hence this petition is dismissed. N.H.Q./M‑1946/L Bail refused.