2001 PLP 1322 (MLD)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 337‑A(ii), 337‑F (v), (vi), & 337‑L(ii)/34‑‑‑Bail, grant of‑‑‑Motive behind the occurrence was that the injured refrained the accused from standing in front of the mosque as the school girls used to pass through from that side‑‑‑Accused being annoyed with the injured for his advising to maintain the respect of the mosque and avoiding causing disturbance to the school girls instead of acting as per advice of the injured, had developed grudge against the injured and caused him injuries with deadly weapons while he was proceeding towards the mosque‑‑‑No justification was available to the accused to behave in the manner he acted‑‑‑Accused, in circumstances, could not claim bail as of right‑‑‑Accused could not be extended benefit of rule that ordinarily bail should be granted in the cases, which did not fall within the prohibitory clause. Abdul Rauf Farooqi for Petitioner. Syeda Amir Batool for the State. The petitioner while facing charge in a case under sections 337‑A (ii), 337‑F (v) (vi) and 337‑L (ii)/34, P.P.C. registered against him and his co‑accused through F.I.R. No.239, dated 5‑6‑2000 at Police Station Rajana, District Faisalabad , has sought post‑arrest bail from this Court on refusal of the same by the learned Additional Sessions Judge, Toba Tek Singh with an observation that the petitioner being attributed specific role of causing injuries to Hafiz Khalil‑ur‑Rehman was not entitled to the concession of bail. The occurrence in the present case took place at 2‑40 p.m. on 5‑6‑2000 when Hafiz Khalil ‑ur‑Rehman, an Imam Masjid was proceeding, towards masjid and the petitioner namely Irfan alias Kali allegedly armed with sota, his co‑accused namely Ayyaz alias Jajja armed with hatchet and one unknown person armed with rifle attacked at him, Hafsz Khalil‑ur‑Rehman near the mosque. The petitioner allegedly caused seta blows on the belly and right .leg and head of the injured whereas co‑accused namely Ayyaz alias Jajja inflicted hatchet blow on the head and left leg of the injured. It is also mentioned in the F.I.R. that during the course of occurrence the Holy Qur'an being carried by Hafiz Khalil‑ur -Rehman fell on the ground. The motive behind the occurrence was that the injured refrained the accused from standing in front of the mosque as the school girls used to pass through from that side.

2. The learned counsel for the petitioner submitted that the offence allegedly committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. and that as per rule the bail in such cases is not ordinarily withheld. He, however, while criticising the conduct of Hafiz Khalil‑ur‑Rehman submitted that the petitioner has been involved in a false case.

3. The learned counsel appearing on behalf of the State has vehemently opposed the grant of bail with the submissions that in the manner in which the petitioner alongwith his co‑accused caused injures to the injured, he cannot claim the bail as of right.

4. Having heard the learned counsel for the petitioner as well as State. I find that the accused being annoyed with the injured for his advising them to maintain the respect of the mosque and avoid causing disturbance to the school girls passing in front of the mosque, instead of acting as per advice of the injured developed grudge against him and caused him injures with deadly weapons while he was proceeding towards the mosque. There was no justification for the petitioner to behave in the manner he acted, and therefore, cannot on the basis of above‑referred rule claim bail as of right. I am, therefore, in the circumstances of the present case not inclined to extend the benefit of the rule that ordinarily bail should be granted in the cases which do not fall within the prohibitory clause and accordingly dismiss this bail application. H.B.T./M‑539/L Bail granted.