1987 PLP 1130 (MLD)

Ch. Muhammad Hussain Chhachhar for Petitioners. Muhammad Akram Nasir for the State. Muhammad Bashir and Nazir Ahmad petitioners have moved this petition for bail in a case registered against them and two other under sections 324 and 325/34, P.P.C.

2. The prosecution version is that on 17-3-1987 at 7.00 A.M. Muhammad Siddique and his brother Abdul Majid were irrigating their land when Nazir petitioner armed with a hatchet, Muhammad Bashir petitioner and co-accused Abdul Aziz and Charagh Din armed with Sotas came there and forcibly diverted the water to their own land. The complainant dissuaded them from doing so and told them that civil Court had already issued a stay order upon which they got infuriated and Muhammad Bashir petitioner gave a Sota blow to Abdul Majid hitting his rib on the left side and Nazir Ahmad gave a hatchet blow from the wrong side hitting his right leg. Thereafter Abdul Aziz and Charagh Din gave Sota blows to Abdul Majid, as a result of which, he fell down. Muhammad Siddique tried to rescue him but he also suffered injuries at the hands of the aforesaid accused persons. The occurrence was witnessed by Muhammad Mushtaq and Abdul Karim who were working in the nearby fields.

3. Abdul Majid and Muhammad Siddique PWs were medically examined on the same day. Abdul Majid suffered 5 injuries out of which two were grievous. Muhammad Siddique suffered four injuries, all simple in nature caused by blunt weapon.

4. Learned counsel for the petitioners contends that the F.I.R. was lodged 50 hours after the alleged occurrence, Muhammad Bashir petitioner suffered six 'injuries during the occurrence which have been completely suppressed in the F.I.R. and Abdul Karim, an independent witness, has sworn affidavit supporting the defence version. It is further submitted that case does not fall within the prohibitory clause. The learned State counsel has opposed the prayer for bail. I have given my careful consideration to the submission made by the learned counsel for the parties. Medico-legal report of Muhammad Bashir petitioner has been placed on the file. It shows that he suffered six injuries. He was medically examined on the same day at 11.30 A.M. His injuries do not find any mention in the F.I.R. Abdul Karim `who has been named as an eye-witness in the F.I.R has sworn affidavit to the effect that on the day of occurrence accused party was irrigating their land when the complainant party started beating them; Muhammad Bashir suffered injuries at the hands of the complainant-party and in exercise of right of self-defence accused party caused injuries to the members of the complainant-party. The offence with which the petitioners have been charged does not fall within the prohibitory clause of Section 497, Cr.P.C. I, therefore, admit them to bail in the sum of 86.25,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Okara. M.Y.H/M-355/L Bail granted.