1977 P Cr (PLP)

Criminal Procedure Code (V of 1898)‑‑ ‑‑ S. 497/498‑Bail‑Counter‑cases‑Accused also seriously injured in occurrence and filing counter‑case against complainant party‑Case, held, fell within subsection (2) of S. 497 and accused entitled to bail

Penal Code (XLV of 1860), Ss. 302/34 &

307. Zafar Mahmood for Appellant. Nemo for the State. This is an application under section 497/498, Cr. P. C. by Mohammad Ashraf‑ud‑Din and Sabz Ali for grant of bail. They are accused for an offence under section 302/34, P. P. C. for the murder of Muhammad Nazir. The allegation against the petitioners briefly is that both of them gave knife blows to Muhammad Nazir deceased when he was proceeding to his house along with his brother. Abdur Razzaq complainant. It is stated in the F. I. R. that Muhammad Nazir deceased also gave a chhuri blow to Muhammad Ashraf-ud‑Din petitioner in self‑defence.

2. The learned counsel for the petitioners has referred me to the final report of the case prepared by the Investigating Officer under section 173, Cr. P. C. It is mentioned therein that he had found the accused (the peti tioners in the present case) in the hospital in an injured condition. Muham mad Ashraf‑ud‑Din petitioner was so severely injured that the Investigating Officer arranged for recording his dying declaration and on that statement .a counter case under section 307, P. P. C. was registered against the members of the complainant party with regard to which a separate challan was to be submitted. The learned counsel for the petitioners submits further that it is evident that the prosecution story as given in the F. I. R., is false because both the accused persons who were said to have attacked Muhammad Nazir are themselves severely injured. The skull of Sabz Ali petitioner was found to be fractured while Muhammad Ashraf‑ud‑Din petitioner, as already mentioned, was in delicate condition when the Investigating Officer reached .the hospital. Their counsel submits that it is a case of cross‑versions, which requires further investigation and is, therefore, covered by subsection (2) of section 497, Cr. P. C.

3. The learned State counsel is absent. There is no one to oppose the application. Without discussing the merits of the case and expressing any view which may prejudice the Courts below I feel that there are reasonable grounds for believing that the petitioners are not guilty of an offence punish able with death or imprisonment for life. Moreover, the case as stated by the learned counsel for the petitioners, is covered by subsection (2) of section 497, Cr. P. C. The petitioners are, therefore, released on bail in the sum of Rs. 20,000 (Rupees twenty thousand) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Duty Magistrate, Rawalpindi. Appeal accepted.