2003 PLP 718 (MLD)

‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Bail, grant of‑‑‑ Earlier bail application by accused was dismissed and no fresh ground was available to the accused in support of their plea for grant of bail‑‑‑Accused and his co‑accused were armed with hatchet and iron rod respectively ‑‑‑Co‑accused inflicted a blow on the leg of injured which resulted in serious injury on his leg and accused inflicted hatchet blow from its blunt side on the same leg as a result of which leg of the injured was broken ‑‑‑Co‑accused inflicted another blow on the head of other injured while accused gave another blow on head of wife of said injured and both husband and wife were seriously injured ‑‑‑Co‑accused thereafter caused many injuries on injured persons after they fell down‑‑ Accused, on merits, were, not entitled to grant of bail; their previous application for bail having been dismissed and no new ground having been ‑ made out their second. bail application was dismissed. Pervaiz Inayat Malik for Petitioner. Nazir Ahmad for the State. Ch. Shafaqat Ali Sulehri for the Complainant This is a second application for bail on behalf of the petitioners. Earlier, Criminal Miscellaneous No.2340‑B of 2001 was moved but the same was dismissed as the prosecution witnesses were in attendance about six times but they were not cross‑examined. It was informed that complaint had been filed on behalf of the accused‑petitioners wherein process had been issued to summon the respondents but against the order of summoning, revision had been filed which had not been decided by then. Holding that the accused‑persons were responsible for causing the delay, the application was dismissed.

2. The fresh application has been moved. However, no fresh ground has accrued in favour of the petitioners. The fact that the accused‑respondents in the private complaint instituted by the accused petitioners were summoned but the same had been assailed before the Court of Sessions through revision petition which has been allowed. The copy of the same has been ‑placed on the file by the complainant in the present case which means that there is no fresh ground available to the petitioners in support of their plea for grant of bail.

3. Even on merits, Muhammad Azam and Khadim Hussain were armed with hatchet and iron rod respectively, Khadim Hussain inflicted a blow on the leg of Dilbar Hussain. which resulted in serious injury on his leg. Muhammad Azam inflicted hatchet blow from its blunt side on the same point i.e. leg of Dilbar Hussain as a result of which his leg was broken. Khadim Hussain inflicted yet another blow on the head of Mazhar Hussain. Muhammad Azam gave another blow on the head of Mst. Iqbal Bibi, both husband and wife were seriously injured. The co accused, thereafter, caused many injuries on the injured person after they fell down. No case for bail was made out even o merits. Keeping in view that the petitioners are not entitled to concession of bail on merits, and also on account of their conduct that the delay has been caused by them and lastly their previous application for bail had been dismissed by this Court on 31‑5‑2001, no ground for bail is made out. This application is, therefore, rejected. H.B.T./M‑1565/L Application rejected.