1992 PLP 260 (MLD)

MY Surakhvi for Petitioner. Sardar Muhammad Sadiq Khan, Addl. A.‑G. for the State. Aleemuddin for the Complainant. The accused‑petitioner and one Muhammad Attique, his real brother, are facing charge of attempt to murder and causing hurt as postulated under section 15, Islamic Penal Laws Act read with section 307, A.P.C. The alleged incident took place on October 6, 1991 at 7 a.m. in village Ag'har, where the parties resided. Muhammad Ellahi made a written report to the police wherein it was alleged that he stocked the grass on the site belonging to the mosque. Next morning, the accused objected to the use of the site for stocking the grass and Muhammad Attique accused called Muhammad Aziz, his son, from his house and accused assaulted Muhammad Aziz. He was grappled by Muhammad Attique who asked Naeem, his brother, to finish him with knife. The accused inflicted stab wound on the neck of Muhammad Aziz on which he fell down and the accused disappeared from the scene. The incident was seen by the complainant, Nisar Ahmed and Aurangzeb.

2. The accused secured interim bail pre‑arrest but subsequently, he was declined the concession of bail. On his arrest, he moved the Tehsil Criminal Court for release but his prayer was turned down.

3. It was argued that the accused is a student of 10th Class. The complainant party was the aggressor. The injury ascribed to the accused was not grievous as it was not shown in medico‑legal report as dangerous to life. It was further suggested that the accused has to appear in Matriculation Examination as such his release was in the interest of jutice. Reference was made to 1986 PCr.LJ 2716 and 1741, 1981 PCr.LJ 723, 1982 PCr.LJ 203 and 1982 PCr.LJ 1166. Mr. Aleemuddin, the learned Counsel for the complainant controverted the aforesaid points by supporting the impugned order. It was contended that the accused was ascribed very heinous offence like attempt to murder punishable with life imprisonment. Therefore, he was not eligible to the concession of bail. Sardar Muhammad Sadiq Khan, the learned Additional Advocate‑General opposed the petition for bail. It was emphasised that the question of bail may be considered after recording evidence of injured person.

4. The offence of attempt to murder is punishable with fife imprisonment or 10 years' rigorous imprisonment as provided under section 307, A.P.C. The offence under section 15, Islamic Penal Laws Act relating to hurt is punishable according to the nature of the injury in question. In the present case, according to the prosecution, it was Muhammad Attique, the elder brother of the petitioner who objected to raising of the grass stock at the site in dispute. He summoned the injured person from his house to enquire into the matter and thereafter assaulted him. The complainant, father of the injured person, arrived on the scene. In the meantime, Nisar Ahmed and Aurangzeb, residents of the vicinity also arrived. They intervened in the brawl when Muhammad Attique accused grappled Abdul Aziz, the injured person and incited Naeem to kill him. It was on his incitement, according to prosecution, that Naeem, petitioner inflicted injury to the victim. Muhammad Attique has been released on‑bail.

5. The surrounding circumstances of the case suggest that initially the quarrel was the result of other dispute over the site of grass‑stocking. The evidence placed before the lower Court, prima facie, does not disclose the actual circumstances resulting in quarrel. However, it was disclosed that Muhammad Attique grappled Abdul Aziz, convict when on his incitement; the stab injury was inflicted on the victim. The medico‑legal report prima facie, does not disclose the injury as dangerous to life. The aforesaid circumstances coupled with the fact of age and profession of the petitioner bring this case A, within the ambit of concession of bail admissible to him. This view finds support from the authorities referred to above. The accused is, therefore, admitted to bail. He shall be released provided he furnishes bail bond in the sum of Rs. 50,000 with his personal bond in the like amount, to the satisfaction of any Magistrate 1st Class, Kotli/Mirpur. N.H.Q./124/Sh.CA. Bail allowed.