1988 PLP 562 (MLD)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 452, 354, 324 & 307‑‑Bail, grant of‑‑ Case of two versions‑‑Accused suffered injuries‑‑Relatives of complainant had been summoned as accused in cross‑complaint‑‑Accused in jail for the last 9 months and trial not so far concluded‑‑Question whether accused was caught in house of complainant or he was lifted away after injuring him as alleged by accused, yet to be resolved‑‑Bail allowed in circumstances. Masood Mirza for Petitioner. Nemo for the State Mst. Sakina reported at Police Station Sadder Bhakker on 6‑5‑1987 that on the preceding night she was asleep in her house when Amir Hussain, petitioner herein, entered her house by scaling over the wall and touched her breasts. She got up and raised alarm. At this her husband Faiz Muhammad and father‑in‑law Ghulam Rasool PWs got up and tried to catch hold of the petitioner who caused injuries to her husband with Chhuri. He was, however, caught red- handed. A case under sections 452, 354 and 324, P.P.C. was registered initially and later section 307, P.P.C. was added because the injury of Faiz Muhammad P.W. was found as grievous. The petitioner is in jail since then.

2. It may be stated that Ghulam Qadir filed a private complaint against aforesaid Faiz Muhammad, his father Ghulam Rasool and two others saying that on the night of occurrence h; alongwith Amir Hussain, petitioner, was going to his lands for bringing their produce from the thrashing floor but in the way Ghulam Qasim attacked Amir Hussain with a knife and Faiz Muhammad (injured P.W. in the instant case) gave Soti blow to him. As the assailants were more in number, therefore, they caught hold of Amir Hussain and detained him. After recording preliminary evidence the trial Court summoned Faiz Muhammad, etc. under section 324, P.P.C. vide order dated 4‑7‑1987. It may be mentioned here that Amir Hussain, petitioner, has suffered 7 injuries on his person including one incised wound.

3. The petitioner's bail plea was declined by the lower Court, hence this application. I have heard learned counsel for the petitioner and also perused the record appended with the petition

4. This is a case of two versions. The petitioner had suffered 7 injuries. The relatives of the complainant have been summoned as accused in the cross complaint. The petitioner is in jail for the last 9 months and the trial of the petitioner has not so far concluded. Furthermore, the question whether the petitioner was caught in the house of the complainant or he was lifted away after injuring him as alleged by the petitioner, is yet to be resolved. Consequently, I allow this petition and direct that he be released subject of his furnishing bail bonds in the sum of Rs. 10,000 with one surety in the like amount to the trial Court M.Y.H./A‑287/L