1978 PLP 11 (SCMR)

Ch. Abdul Rehman, Advocate‑ and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing : 8th October 1977. ANWARUL HAQ, C. J.‑The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 5‑9‑1977 passed by a learned Single Judge, whereby his bail application was dismissed. The facts giving rise to this petition as contained in the F. I. R. lodged by Muhammad Ayub complainant briefly stated are that about eight months prior to the occurrence Muhammad Khan the father of the petitioner had purchased a buffalo from Muhammad Yaqoob the brother of the complainant, for a sum of Rs. 2,300 payable after four months. On the expiry of this period, Said Muhammad Khan expressed his inability to pay the purchase price of the buffalo whereupon by an agreement, Muhammad Khan agreed to return the buffalo and to pay Rs. 300 by way of penalty to Muhammad Yaqoob. On the day of occurrence i.e. 25‑6‑1977, Muhammad Khan was passing near the field where the complainant, his brother Muhammad Yaqoob and Ali Khan were ploughing. He was stopped by Muhammad Yaqoob who demanded Rs. 300 from the former which resulted in incharge of abuses. Muhammad Khan, then left the scene threatening to avenge his insult by Muhammad Yaqoob. Muhammad Khan is then alle6co to have returned to the place of occurrence along with his sons, Muhammad Hanif (petitioner) and Habibullah, both armed with knives and two other accused who were also armed. As a result of the attack the complainant side received many injuries. Muhammad Yaqoob is alleged to have received inter alia a grievous injury on his abdomen at the hangs of the petitioner. This occurrence is alleged to have been witnessed by Dost Muhammad Khan and Ahmad Khan. A case under sec tion 307/426/148/149, P. P. C. was registered against the petitioner and his four co‑accused. The petitioner's bail application was dismissed by the Sessions Judge Lyallpur, vide order dated 25‑7‑1977. The High Court also dismissed his bail application on the ground that he bad been ascribed the overt act of causing a grievous injury on the abdomen by a knife. On the facts as appearing on the record at present, we see no justification, to interfere with the order made by the High Court, as there seem to be reasons for believing that the petitioner is guilty of an offence punishable with imprisonment extending to ten years. However, the application for bail may be released before the appropriate Court if and when some evidence has been recorded during the trial. With these observations, the petition is dismissed. Petition dismissed.