1988 P Cr (PLP)

(c) Criminal Procedure Code (V of 1898)

S. 497--Penal Code (XLV of 1860), S. 307/326/324/149/148--Bail, grant of--Petitioner attributed a simple injury on the arm of prosecution witness by a Chhuri--Injury being simple and on non-vital part of body, a case for the grant of bail, -held, was made out--Petitioner allowed bail in circumstances. Shahid Hussain Kadri for Petitioners. Muhammad Rafiq Chohan for the Complainant. Nisar Khalil for the State. This petition for bail by Nazir Ahmad and Muhammad Younas petitioners and Criminal Miscellaneous No. 3396/B of 1987 by their co-accused Muhammad Yousaf are being disposed of by this order. 2. The petitioners in both the petitions are accused in a case under sections 148, 307, 323, 324 and 326/149, P.P.C. The occurrence took place on 13-4-1987 at 7/8 a.m. Four persons suffered injuries at the hands of the petitioners and their co-accused. Muhammad Yousaf petitioner in Criminal Miscellaneous No. 3396/B of 1987 is alleged to have given a Chhuri blows in the abdomen of Mehboob Sultan complainant and another blow on the right chest of Hamad Khan. Nazir Ahmad petitioner is alleged to have given two Chhuri blows to Khalid Javid hitting his head and back. The allegation against Muhammad Younas petitioner is that he gave a Chhuri blow to Khalid Javid on his left arm. 3. Learned counsel for the petitioners contends that there is a delay of 33 hours in lodging the F.I.R., therefore, the entire prosecution version is doubtful. It is further submitted that the case of Mohammad Younas petitioner is at par with that of co-accused Muhammad Anwar who has been admitted to bail by this Court vide order, dated 22-6-1987. At this stage it may be mentioned that on 11-10-1987 the learned counsel submitted that Muhammad Yousaf petitioner was suffering from various ailments on which the Medical Officer, Central Jail, Sahiwal, was directed to examine him. His report has been received. The learned State counsel and the learned counsel for the complainant have opposed the prayer for bail. They submit that delay in lodging the F.I.R. does not furnish any ground for the grant of bail and that Muhammad Younas accused was armed with a Chhuri, therefore, his case is distinguishable from that of co-accused Anwar. 4. I have considered the submissions made by the learned counsel for the parties in the light of material available on the record. The delay in lodging the F.I.R. per se, does not constitute any ground for the grant of bail. Muhammad Yousaf petitioner is alleged to have accused injuries to Hamad Khan and Mehboob Sultan complainant on the vital parts of their bodies. The report received from the Medical Officer, Central Jail, Sahiwal is to the effect that he is 55 years of age, well-built and not suffering from any ailment. Nazir Ahmad petitioner is alleged to have given two Chhuriblows on the head and back of Khalid Javid. No ground for their enlargement on bail is, therefore, made out. The case of Muhammad Younas petitioner, however, stands on different footing. The allegation against him is that he gave a Chhuri blow on the left arm of Khalid Javid. The injury was simple and on a non-vital part of the body. In that view of the matter a case for the grant of bail is made out. I, therefore, admit him to bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C., Okara.; S.G.D./N-80/L???????????????????????????????????????????????????????????????????????????????????? Order accordingly.