1987 PLP 1182 (MLD)

S. 497--Penal Code (XLV of 1860), S. 302--Bail, grant of--Petitioner attributed no injury to deceased but allegedly causing injury with stick on the person of prosecution witness--Prima facie nothing was there to show that petitioner shared common intention with his co- accused--Case against petitioner, being one of further inquiry, petitioner allowed bail. Arshad Ali Chaudhry and D.M. Tarrar for Petitioner. Muhammad Ramzan Khakhar for the State. Briefly stated the facts of this case are that on 20-11-1986 at about 4 30 p.m. Ghulam Sarwar complainant and his brother Anwar were present in their house. They heard alarm in the street and came out. They saw Shada, Manzoor (petitioner), Ranga armed with Lathis, Tahira armed with hatchet and Jeera accused empty handed present there. Shada gave Lathi blow on the head of Bashir Ahmad deceased, who was given another blow by Tahira from wrong side of the hatchet on face. Bashir fell down. Ghulam Sarwar and Anwar tried to intervene. Anwar P.W. was given hatchet blow by Tahira and stick blows by Ranga and Manzoor accused. In this occurrence some of accused were also injured. The occurrence was witnessed by Dada and Faqir Hussain. The ffiotive was stated to be abduction of the daughter of Faqir Hussain a brother of Bashir deceased by the accused before this occurrence. 2. I have heard the learned counsel appearing for the parties. Manzoor petitioner is not stated to have inflicted an injury on the person of Bashir deceased. He allegedly caused injury with stick on the person of Anwar P.W. According to F.I.R. Anwar P.W. was given blows by Tahira, Ranga, and Manzoor accused with their respective weapons but according to the medico-legal certificate he received only two simple injuries on his person. Injury No. 1 was a healed abrasion on the left side of forehead 1 c.m. above left eye-brow and injury No. 2 was a healed superficial lacerated wound on the palm of right hand. A perusal of the medico-legal certificate shows that he was examined on 25-11-1986 i.e. after five days of the occurrence. 3. In view of these circumstances prima facie it cannot be said that Manzoor petitioner shared common intention with his co-accused. His case is, therefore, that of further enquiry. I allow bail to Manzoor petitioner on his furnishing of bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Okara. S.G.D./M-193/L Bail allowed.