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Petitioner: MURAD VS Respondent: THE STATE
1988 M L D 1426
1988 M L D 1426
[Lahore]
Before Lehrasap Khan, J
MURAD and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 2373/13 of 1988, decided on 16th July, 1988.
Criminal Procedure Code (V of 1898)‑‑--
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307 & 148/149‑‑Bail, grant of‑‑Medical evidence Contradicting ocular account‑‑Injury declared simple‑‑Bail allowed in circumstances.
Syed Ehtesham Oadir Shah for Petitioners.
Agnes Tabassum for the State.
Date of hearing: 16th July, 1988.
JUDGMENT
The petitioners Murad and Ahmad who are involved in a criminal case under section 307/148/149, P.P.C. arising out of F.I.R. No. 121 dated 16‑5‑1988, registered at Police Station Sillanwali, District Sargodha, have sought to be released on bail.
2. The allegations against the petitioners are that at the time of occurrence, alongwith other co‑accused, they were armed with guns and were liable for reckless ineffective tiring. It has further been alleged that Murad petitioner fired a shot which hit Muhammad Hayat P.W. on his front chest.
3. The medico‑legal report in regard to Muhammad Nayat P.W. contradicts this version, inasmuch as only one injury, viz, a reddish spot 1/4'' x 1 /4" on the inner part of right collar bone was noticed. It was opined that, this injury might have been caused by cartridge pellet fired from a fire‑arm from a long distance. Muhammad Hayat P.W. was medically examined on 9‑5‑1988 at 11.05 p.m. and the doctor gave the probable duration of injury as fresh. The occurrence allegedly took place on 9‑5‑1988 at 6.00 p.m. An injury of duration of more than five hours cannot be regarded as fresh. The injury in case of Muhammad Hayat, of course, has been declared as simple.
4. In the above circumstances, both the petitioners are admitted to bail, without prejudice to the merits of the case, in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of the A.C. Sargodha.
SA./M‑907/L Bail allowed.