2005 PLP 3353 (YLR)

RAHMAT HUSSAIN JAFFERI, J.

There is a dispute between the applicants and complainant party on the running of School. In this background it is alleged that on 2-4-2005 at 10-00 p.m in the street Ward No.2 Ahmedabad Colony applicants Mushtaq, Mumtaz and Abdul Raheem armed with deadly weapons carne there. They gave Hakal to complainant and P.W. Amanullah who was present there and abused them. Thereafter Mushtaq and Mumtaz fired pistol shots at Amanullah in order to kill him. Amanullah after receiving injuries fell down on the ground, then accused armed with Lathies gave Lathi blows to Amanullah. The complainant raised cries which attracted P. Ws Hizbullah and Abdul Sattar. Thereafter the complainant lodged the report. The learned counsel for the applicants has stated that there is conflict between medical and oral evidence, therefore, the applicants are entitled to concession of bail. On the other hand learned A.A.-G. has raised objection to grant of bail on the ground that the names of applicants are mentioned in the F.I.R. with specific role of causing fire-arm and Lathi injuries to the injured, therefore they are not entitled to concession of bail. I have considered the arguments of learned counsel and have perused the record. In this case the injured has received two type of injuries viz. fire-arm and Lathies injuries. It is alleged by the complainant that applicants Mushtaq and Mumtaz fired from pistols at Amanullah in order to kill him. The medical certificate shows that Amanullah received one fire arm injury on his chest near the nipple. The allegation is that two persons had fired at Amanullah in order to kill but the injured received only one injury. Thus it appears that out of two fire-arm shots one shot hit the injured and other shot was missed. But the fact remains that an attempt was made' by both the applicants to kill the injured. The said injury is on the vital part of Amanullah. As such the case of applicants Mumtaz and Mushtaque will fall under section 324/34, P.P.C., therefore, their case would fall under prohibitory clause of section 497, Cr.P.C. As regards the Lathi injuries caused to Amanullah the allegation is that 4 persons had caused Lathi injuries on the person of Amanullah but he received only one Lathi injury on his leg which is non vital-part of the body of Amanullah. According to Dr. the said injury would fall under section 337-F(ii), P.P.C. which is punishable for 3 years. It is not known as to who has caused the said injury therefore case of applicant Abdul Raheem is distinguishable from the case of applicants Mushtaque and Mumtaz and his case is fit for grant of bail. After giving due consideration the material available on the record, I am of the opinion that applicants Mushtaque and Mumtaz are not entitled to concession of bail, therefore, their bail application is dismissed, whereas applicant Abdul Raheem is entitled to the concession of bail therefore he is admitted to bail in the sum of Rs.75,000 (Rupees Seventy Five Thousand) on furnishing solvent surety with P.R. bond in the like amount to the satisfaction of trial Court. The bail application is partly allowed and partly dismissed. N.H.Q./A-248/L Order accordingly.