1982 P Cr (PLP)

Rashid Aziz, Addl. A.-G. for the State. Date of hearing : 9th.March 1981. A case has been registered against the petitioner under section 307, P.P.C. for launching a murderous assault with a `knife' on the complai nant's brother namely Muhammad Anwar who suffered eight injuries at the hands of the petitioner. Out of these six injuries were found to have been caused by a sharp-edged weapon and two by blunt weapon. One sharp edged weapon injury was declared grievous. The injuries were sustained by Muhammad Anwar P. W. on his back.

2. The learned counsel for the petitioner contends that the F.I.R. was lodged with a delay of 8 hours ; the occurrence did not take place in the manner as alleged by the prosecution, in fact the petitioner was assaulted as a result whereof he received two injuries on the fingers of his hand. It is submitted that since none of the injuries have been inflicted on the vital part of the body the intention or knowledge to cause death could not be imputed to the petitioner. As regards the grievous hurt the learned counsel argued that it did not fall within the ambit of section 326 P. P. C. In his submission, at the most, it will be a case under sec tion 325, P. P. C.

3. Bail has been opposed on behalf of the State on the ground that the challan has already been filed in the Court and that the circumstances of the case and the injuries suffered by the P. W, fully justified an inference that the petitioner was guilty of an offence under section 307, P. P. C. As regards the delay. it was urged that the complainant who is real brother of the victim bad fiat to attend to him and provide him with medical aid and thus delay, if any, in lodging the F.I.R. stood explained.

4. It transpires from the F. I. R. that there was a scuffle between the petitioner and Muhammad Anwar P. W. and while the tatter held the peti tioner in his clasp, both fell down on the ground in such a position that the petitioner was beneath the P. W. As per F.I.R. while underneath the P. W. he inflicted injuries to him with the `knife' which 1 am told has only 3 " blade.

5. None of the injuries is on the vital part of the body. Prima facie the petitioner was overpowered by the P. W. The material presently oil the record, is not sufficient to warrant a positive conclusion that the peti tioner intended to cause the death of the injured P. W. In this respect there are sufficient grounds for further inquiry into his guilt. The petitioner is in the judicial lock-up for the last four, months. Bail cannot be refused as a punishment.

6. For all these reasons the petitioner is allow; d bail, provided he furnishes bail bond in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner Rawalpindi. Appeal dismissed.