2003 P Cr (PLP)

"Note.

Respected Sir, it is submitted that on 15-7-2001 injured was referred for treatment and certificate vide daily diary N.C. Entry No. 19/15-7-201 at 17-45 hours Medical Officer Johi has sent certificate which discloses offences punishable under sections 337-F(iv), 337-L(i), P.P.C: The facts of the case are reproduced herein-below:-- No.04/16-7-2001 Injury No.1 S.S. Shajja-i-Khaffifah, 337-A(ii). Injury Nos.2, 3rd and 4th are 337-L(ii) (other hurts). Injury No.3 is Ghaiyr Jaifah 337-F(iv), Mumggitah. Dr. Roshan Ali Bhatti, Medical Superintendent, Taluka Hospital, Johi. The complaint is that I am cultivator. Today I diverted the water in the land when at 4-30 hours (1) Talib, (2) Muhammad both sons of Baloch, (3) Shabbir and (4) Ayub both sons of Rajib Jamali resident of Rajib Jamali Taluka Johi came and abused me. They expressed that they will divert the water to their land. I told them that it is my turn of water and their rotation of water is at No.3. I also prevented them from issuing abuses. On this all the accused caused me Lathi blows on my chin and backside. I raised cries, on which Atur Khaskheli (2) Azizullah son of Muhammad Jamali came running. They intervened and rescued me. While I was coming to lodge report, Mustafa son of Talib Jamli met on the way. He also abused me. I have come and lodge report. Letter for treatment may be given to me. Note.

The complaint of the complainant has been recorded in verbatim and is read over and explained to the complainant. He admits the contents to be true and correct and has put his signature thereon. (Sd.) A.S.-I. Johi Police Station (Sd.) Complainant." The applicants/accused applied for bail before arrest but their bail plea was dismissed by the IVth Additional Sessions Judge, Dadu by impugned order, dated 27-12-2001. I have heard Mr. Shafi Muhammad Memon learned counsel on behalf of the applicants/accused and Mr. Muhammad Azim Panwhar learned counsel on behalf of the State. The perusal of material placed on record shows that the alleged incident appears to be outcome of sudden flare up. The allegations made in the F.I.R. are of general nature. It is not specified that which of the accused caused injury to the injured punishable under section 337-F(vi), P.P.C. Moreover, the alleged injury is not on the vital part of the body and offence is not punishable with death, imprisonment for life or ten years. Looking towards the peculiar facts and circumstances of the case I am of the considered view that the applicants/accused are entitled to bail. Consequently the interim bail before arrest already granted to the applicants/accused is hereby confirmed on the same terms and conditions. The application stands disposed of. H.B.T./H-78/K Interim bail confirmed.