2005 PLP 336 (YLR)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 337‑A (ii), 337‑F(i), 504 & 34‑‑‑Bail grant of‑‑‑Accused was stated to hav e caused Lathi blows on the arm of injured‑

Injury was not on the vital part of body of injured and was simple in nature‑‑‑Accused was admitted to bail, in circumstances. Madad Ali Shah for Applicants. Riazuddin Siddiqui State Counsel. Applicants Hassan and Sulleman are facing trail in the Court of learned Civil Judge and F.C.M. Badin for the offences punishable under sections 337‑A(ii), 337 F(i) and 504/34, P.P.C. According to the F.I.R. the applicant Sulleman caused hatchet injury to injured Jan Muhammad on his head and applicant Hassan Mallah gave lathi blows to, injured Jan Muhammad on his arms. Mr. Madad Ali Shah has submitted that the offence allegedly committed by the applicant Hassan is punishable with imprisonment for one year and the offence allegedly committed by applicant Sulleman is punishable with Arsh and alternatively for imprisonment for five years. According to the F.I.R. the applicants caused injuries at the instance of their zamindar Muhammad Soomar Bhurgri on account of altercation in respect of rotation of the water. Mr. Madad Ali Shah has submitted that police has absolved Zamindar Muhammad Soomar and has stated in the challan that the presence of Zamindar at the time of incident has not been established who is reportedly an elderly person. The learned counsel has further submitted that the case is being tried by Ist Class Magistrate and therefore, the maximum punishment which he would award is three years. In these circumstances the learned counsel for the applicant has submitted that both the applicants may be released on bail. The learned State counsel has opposed the bail application contending that both the applications are named in the F.I.R. and specific roles have been attributed to them and the hatchet injuries are on the vital parts of the body viz, head. I have considered the contentions raised by the learned Advocates for the parties. I am of the opinion that the applicant Sulleman is not entitled for bail because he has caused hatchet injuries with sharp side on the head of injured Mr. Jan Muhammad. However, applicant Hassan son of Vikio Mallah is stated to have caused lathi blows on the arm of injured Jan Muhammad. The injury is not on the vital part and is simple in nature. Applicant Hassan is therefore, granted bail in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. The bail plea of accused Sulleman is rejected. H.B.T./H‑23/K Order accordingly.