1975 P Cr (PLP)

(b) Criminal Procedure Code (V of 1898)‑

‑‑ S. 493‑‑Bail‑None of accused causing injury to any prosecution witness‑‑No overt act except lalkara attributed to accused‑‑Bail granted to accused in circumstances of case‑Penal Code (XLV of 1860), Ss 307/380, 452/34 & 148/149. Dr. Khalid Ranjah for Petitioners. Arif Sajjad for the State. Muhammad Siddique Chaughtai for the Complainant. Salim Butt, Inayat Butt. Muhammad Iqbal, Muhammad Salim (name inadvertently repeated) and Liaqat Ali filed Criminal Miscellaneous No. 3863‑B‑74, while Muhammad Yousaf filed Criminal Miscellaneous No. 4008‑B/74. All the petitioners are involved in the same case. My single order will dispose of the two connected petitions.

2. The learned counsel for the petitioners contends that the first occurrence had taken place at about 3‑00 p .m. but the report was lodged at about 9‑30 p.m.; that Muhammad Yousaf petitioner was present at Lahore and he had purchased a wagon and was not present at the spot of occurrence; that many persons of the locality made affidavits that the person, who had fired shot was not identified at the spot; that Muhammad Yousaf is suffering from heart disease; that in view of the plea taken up by Muhammad Yousaf, he is entitled to the concession of bail.

3. I have considered the arguments of the learned counsel for the petitioners and have gone through the record. F. I. R. was lodged by Muhammad Amin. He disclosed in the F. I. R. that on 7th October 1974, he was present alongwith Muhammad Ismail, Muhammad Rafique and Muhammad Sharif. Petitioners came there. Muhammad Yousaf petitioner was armed with hockey stick. They challenged the complainant party to vacate the house, who declined. Muhammad Yousaf petitioner picked up double‑barrel licensed gun of Muhammad Rafique P. W. along with bandolier containing twenty cartridges. Muhammad Ismail P. W. tried to snatch the gun from Muhammad Yousaf, who inflicted him two blows with hockey stick. Noise was raised. The accused ran away towards their houses alongwith the gun. Muhammad Ismail was taken to Civil Hospital for medical examination. Muhammad Amin and others were returning to their house after medical examination of Muhammad Ismail. When they reached near their house, at 9‑00 p.m., the above mentioned petitioners, who were concealing themselves, emerged all of a sudden and gave out lalkara. Muhammad Yousaf petitioner fired two gunshots in quick succession which hit Muhammad Ismail P. W. on the legs. The complainant party closed the door. Muhammad Amin also received fire‑shot injury. I have seen the medico‑legal report. Muhammad Ismail was caused two contused wounds on the left parietal eminence and an incised wound on the lateral side of left fore‑arm. Both these injuries were simple in nature. He was medically examined for the second time at 10‑30 p.m. He had five gunshot injuries. All were kept under observation. Muhammad Amin complainant had three gunshot injuries on the legs. His injuries were also kept under observation: It is sad to note that although more than one month and ten days have passed, but the final result of injuries has not been obtained by the Investigating Officer. The Investigating Officer states that he had yet to recover the licensed gun of Muhammad Amin. This gun was picked up by Muhammad Yousaf petitioner and he had used the gun in causing injuries to Muhammad Ismail and Muhammad Amin P. Ws. The plea of alibi cannot be determined at the stage. In case the Investigating Officer gives a report under section 173, Cr. P. C. and mentions the name of Muhammad Yousaf in column No. 2 of the challan indicating that according to the investigation, he was found innocent, the case could be somewhat different. In view off the evidence on record, I do not consider it a fit case for allowing bail to Muhammad Yousaf. His petition is dismissed. Medical Certificate issued by a private practitioner cannot be considered.

4. As regards the case of Salim Butt, Inayat Butt, Muhammad Iqbal and Liaqat petitioners is concerned, it is on different footing. None of them caused any injury to any of the prosecution witnesses nor any overt‑act is attributed to them. Their bail is confirmed. Order accordingly.