1999 PLP 959 (MLD)

Mazhar Iqbal Sindhu for Petitioner. Maqsood Ahmad Khan for the State. Jafar Hussain deceased was murdered on 15-6-1996 at about 7-00 p.m. due to attack made upon him by the petitioner and his co-accused. A case under section 302/109/148/149, P. P. C. was registered against the petitioner and others at Police Station Khanqah Dogran, District Sheikhupura for the aforesaid occurrence.

2. It is submitted by the learned counsel for the petitioner that fatal injuries of the deceased were attributed to the co-accused, whereas the petitioner was shown to have wielded Sota causing injuries to the deceased on his head and other parts of his body. However, no recovery was allegedly effected from the petitioner regarding the aforesaid weapon of offence. It is prayed that the petitioner be admitted to bail because insignificant injuries have been attributed to him and that since no weapon of offence has been recovered, therefore, the case has become a case of further inquiry against him. Reliance was placed on Walayat and others v. The State reported as 1984 SCMR 530 and Abdul Sattar v. The State reported as 1991 P. Cr. L J 1313.

3. The learned counsel for the State opposed the bail petition on the ground that the petitioner is named in the F. I. R. and a specific role is attributed to him for causing injuries to the deceased including the fatal part of his body such as head. Post-mortem Report showed that although injuries Nos. 8 and 9 basically resulted into servere haemorrhage and shock leading to cardio-respiratory failure of the deceased, but those injuries individually and all injuries collectively resulted into death of the deceased. It was, therefore, submitted that the petitioner had no case for bail at this stage.

4. I have considered the foregoing submissions made at the Bar. The F. I. R. clearly shows that the petitioner has chosen the head of the deceased to cause injuries by wielding Sota carried by him. He also gave injuries on the other parts of the body of the deceased and, as such, it cannot be said that his role or injuries were insignificant for the limited purpose of deciding this bail petition. On the contrary, there were 15 injuries on the person of the deceased including' fire-arm as well as injuries with blunt weapon. In this respect reference to the Post-mortem Report of the deceased will show that injury No. 1 was caused by sharp-edged weapon whereas injury No. 4-a, b, c and d alongwith injuries Nos. 8 and 9 were caused by fire-arm. The rest all of the injuries were caused with blunt weapon. It will be, therefore, premature to say that the petitioner has a case of further inquiry. Hence, the petitioner has no case fort bail. The bail petition is dismissed. H.B.T./A-200/L Bail petition dismissed.