1976 P Cr (PLP)

‑‑ S. 497, Proviso‑Bail‑[Murder‑case]‑Petitioner and co‑accused having armed with deadly weapons taking away lives of three persons and injuring a prosecution witness‑Petitioner attributed injuries in dying declaration ‑ Crime chhuri recovered from petitioner stained with human blood‑Mere old age, held, no ground for grant of bail, in circumstances.‑‑[Bail]. S. M. Hussain for Petitioner. Gul Muhammad Butt for the State. In the present occurrence, three persons lost their lives, namely Muhammad Yaqoob. Muhammad Amin and Manzoor Elahi. Muhammad Iqbal son of Muhammad Amin deceased was also caused injuries. The case was registered on the statement of Abdur Razzaq. According to the complainant, the petitioner along with his co-accused constituted an unlawful assembly, having armed themselves with deadly weapons like guns, churri, spears, hatchet and in the prosecution of the common object of the unlawful assembly, committed the murders cat the above‑mentioned three persons by inflicting them injuries with their respective weapon,. Muhammad Siddiq, petitioner, was armed with chhuri and he inflicted chhuri blows to Muhammad Yaqoob deceased in the abdomen and to Muhammad Iqbal, P. W. on the back and the chest.

2. It was contended by the learned counsel for the petitioner that the petitioner being aged 72/73 years, was incapable of inflicting injuries to Muhammad Yaqoob deceased and Iqbal P. W.; that the accused party was in possession of the stay order ; that two injuries of Muhammad Naeem with sharp‑edged weapon had been suppressed in the F. I. R.

3. It is contained in proviso to section 497, Cr. P. C. that a sick or infirm person accused of an offence punishable with death or imprisonment for life may be released on bail. It is a discretion which is to be exercised judiciously. In the instant case, the petitioner and his co‑accused armed with deadly weapons had taken away the lives of three persons and caused injuries to Muhammad Iqbal, P. W. The petitioner had also inflicted injuries to Muhammad Yaqoob deceased and Muhammad Iqbal P. W. The dying declaration of Muhammad Yaqoob was recorded and in this dying declaration he attributed the injuries to the present petitioner. During the investigation of the case, the petitioner produced a blood‑stained chhuri which was sent to the Chemical Examiner. It was found to be stained with blood. According to the report of the Seriologist the blood on the chhuri was of human origin. The petitioner cannot be allowed bail merely on the ground that he is ages: 72/73 years, It was not reported by the doctor that he was an infirm person. The complainant clearly mentioned in the F. I. R. that in self‑defence he, Manzoor Elahi and Muhammad Iqbal caused injuries to Taj, Naeem and Munawwar accused. In view of the circumstances of the case I do not consider it a fit case for grant of bail. The petition is dismissed. Petition dismissed.