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Petitioner: MUJAHID HUSSAIN VS Respondent: THE STATE
1988 M L D 197
1988 M L D 197
[Lahore]
Before Khizar Hayat; J
MUJAHID HUSSAIN and another--Petitioners
versus
THE STATE--Respondent
Criminal Miscellaneous No. 561/B of 1988, decided on 1st March, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), Ss.307 & 324--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17--Bail, grant of--Accused firing at victim after trespassing into her house--Victim suffering gunshot wounds in her chest--Bullets embedded in her chest--Accused identified and named in F.I.R., lodged without loss of time--Facts prima facie, attract provisions of S. 307, P.P.C.--Accused, therefore, was not entitled to concession of bail.
Shamim Abbas Bukhari for Petitioners.
Abul Fateh for the State.
ORDER
Mujahid Hussain and Akhtar Hussain, petitioners are accused of having murderously assaulted Kaneez Fatima on the night between 25/26-9-1987 in her house by firing at her with pistols thereby causing injuries to her in the chest. The occurrence was witnessed by Ghulam Abbas complainant and Muhammad Sarwar, her brothers and Nazar Muhammad her father. The injured was removed to the hospital and the doctor found two fire-arm injuries on her person; one fire arm wound measuring 2 c.m. x 1/2 c.m. x skin deep on the front of right chest and the other fire-arm entrance wound with inverted margins measuring 1 c.m. x 1 c.m. going deep in the left chest. On X-Ray two foreign metallic bodies (bullets) have been seen as embedded in her breast area. Since no bony liaison was seen, therefore, the injuries were declared simple. The matter was reported to the police in the morning. The petitioners were arrested on 5-10-1987. Their bail petition was declined by the lower Court, hence this application:
2. I have heard learned counsel for the petitioners as well as for the State and also perused the record.
3. The petitioners were identified when they had fired at the victim Mst. Kaniz Fatima by trespassing into her house. They are named in the F.I.R. which was lodged without any loss of time. Mst. Kaniz Fatima suffered gun wounds in her chest at the hands of the petitioners. The bullets are still embedded in her chest. No doubt that the injuries Were found as simple but it was due to her sheer luck that no vital part underlying the seat of injuries was damaged. The facts of the case narrated above prima facie attract the provisions of section 307, P.P.C. and as such the petitioners are not entitled to the grant of concession of bail. The petition is, therefore, dismissed. The petitioners can repeat such an application f before the competent forum as and when some fresh ground becomes available to them in the normal course of events.
SA./M-609/L
Bail refused.