2003 PCr (PLP)

At the outset, the learned counsel for the petitioner has requested to allow him to correct the date of registration of case as 24-7-2002 instead of 25-7-2002. According to him, it was mere clerical mistake. The request is genuine. The same is allowed.

2. Tariq Hassan petitioner seeks after arrest bail in case F.I.R. No-304 dated 24-7-2002, under section 336 read with section 34, P.P.C., Police Station Khan Garh, District Muzaffargarh.

3. Briefly the prosecution case as per F.I.R. is that on 19-7-2002 at about Maghrib Prayer time Khalid Hussain the younger brother of the complainant Abid Hussain had gone to Abubakar to take money from him. There Tariq Hassan (present petitioner) was also present. They both were taking liquor. On the demand of money, there had been an altercation between Tariq Hassan and Abubakar on one hand and Khalid Hussain on the other. They abused him and started beating him. On his noise, complainant alongwith Sajjad Hussain reached there: In their view Tariq Hassan with Sota caused him (Khalid Hussain) injuries on his head, forehead, eye, ear and neck, while Abubakar gave injuries with Sota on the different parts of his body including shoulder and back. The complainant and his companion rescued Khalid Hussain.

4. The motive behind the occurrence is that Amir the elder brother of Tariq Hassan some time back had subjected Khalid Hussain to sodomy and he for the same was challaned to the Court. The accused had grudge over the same.

5. It has been contended on his behalf that he has falsely been roped in; that all the injuries ascribed to him of Khalid Hussain are simple in nature and these do not attract the offence failing within the prohibitory clause of section 497, Cr.P.C. except injury No.4 which as per doctor was Itlaf-i-Salahiyyat-i-Udw falling within the section 336, P.P.C.; that the said injury has not specifically been ascribed either to him or to his co-accused, so it will be seen at the trial that if he can be held liable of the alleged offence; that he is behind the bars since 25-7-2002; and that he is previous non-convict.

6. Conversely the, learned State Counsel assisted by the learned counsel for the complainant has opposed the application on the ground that the F.I.R. in this case was prompt; that he has caused injuries on the various parts of the body of the injured Khalid Hussain including injury No.4 and the same has been declared Itlaf-i-Salahiyyat-e-Udw falling within the section 336, P.P.C. and the same is covered under the prohibitory clause of section 497, Cr.P.C.; that the occurrence is recent one; and that they are desperate persons.

7. I have carefully considered the submissions advanced from both the sides with the help of the available record.

8. According to the F.I.R., he has caused injuries with Sota to Khalid Hussain hitting him on his head, forehead, eye, ear and neck. The specific attribution of the injuries to him did not include the injury on the, mouth and lip or any related part of the body of the injured. Similarly the co-accused Abubakar has been attributed injuries with Sota on the different parts of his body. The narration of the F.I.R. definitely shows that the said injury which ultimately has been declared as Itlaf-i-Salahiyyat-i-Udw has not specifically attributed to any of the accused nominated in the F.I.R., while the rest of the injuries do not attract an offence falling within the prohibitory clause of section 497, Cr.P.C.

9. In view of the fact that the said injury No.4 i.e. Itlaf-i -Salahiyyat-i-Udw of Khalid Hussain has not specifically been attributed to him, his case, is open to further inquiry and so is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars and is previous non-convict.

10. In these circumstances, I accept this application and admit him to bail in the sum of Rs.50,000 with one surety in the like aunt to the satisfaction of, the learned Illaqa Magistrate/Duty Magistrate. H.B.T./T-115/L Bail granted.