2010 PLP 1008 (MLD)

MRS. QAISER IQBAL, J.

Applicant Miandad son of Arab Bajeer has applied for pre-arrest bail under section 498, Cr.P.C. in crime No.2 of 2006 under sections 324, 337-A(ii), 147, 148, 149, 114, 504, 337-F(i), P.P.C. registered at Police Station, Chachro. Precisely the facts leading to the bail application are that complainant Arab son of Dodo Bajeer lodged report that there existed dispute with one Inayat, therefore, their families were not on visiting terms. On 4th March, 2006 in the evening there was marriage ceremony in the house of Inayat, applicant Miandad along with the co-accused Hameer and Karim had resorted to give invitation to the complainant, he declined to attend the marriage. In the evening of fateful day while complainant party was sitting in front of the shop of Abdul Razak, applicant Miandad duly armed with hatchet along with his associates abused the complainant party and on instigation of Inayat, applicant caused direct hatchet blow on the head of Abdul Razak, while Inayat also caused lathi blow on his head, who fell down. Matter was rescued on the intervention of co-villagers. Mr. Mumtaz Alam Leghari, learned counsel for the applicant has contended that the injury No.2 over the head of the Abdul Razak is attributed to the applicant, has been declared as Shajjah-i-Khafifa, fell under section 337-A(i), P.P.C. punishable with imprisonment of two years and is bailable in nature. It is further contended that co-accused Abdul Karim, Inayatullah and Jiando were admitted on interim pre-arrest by the trial Court on the premises that there existed enmity between the parties and final medical certificate was not issued by the Medico Legal Officer. Mr. Tahir, learned counsel for the State did not oppose the grant of bail in favour of the applicant on account of final Medico Legal Report issued by Senior Medical Officer, Taluka Hospital, Chachro as well as the opinion of the Medical Board that certificate issued by Senior Medical Officer in respect of injured Abdul Razak is correct. I have considered the arguments advanced at the bar. It appears that the case of the applicant is on better footing to that of co-accused, who were admitted on interim pre-arrest by the Sessions Judge, Tharparkar at Mithi, injury attributed to the applicant caused to the victim has been declared as Shajjah-i-Khafifa, there existed past enmity between the parties on petty affairs, which resulted in registration of the case against the applicant. In view of the above circumstances, the applicant is admitted on pre-arrest bail on the same terms and conditions as are contained in interim pre-arrest bail order, dated 22nd March, 2006. H.B.T./M-35/K Bail granted.