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Petitioner: SHAFQAT alias MITHOO and another VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Tanvir Ahmed Khan Title: SHAFQAT alias MITHOO and another vs THE STATE Case No.: criminal Miscellaneous No, 1096/B of 1989 Date of Judgment:1989-10-17 Reported As: 1990 P Cr. L J 281 Result: Petition dismissed
Judgment ORDER ' The petitioners have applied for post-arrest bail in a case registered against them vide F.I.R. No, 124/89, dated 8-5-1989 under section 302/109/34, P.P.C. At Police Station Mian Chunnu, District Khanewal. ' It is the case of the prosecution that the complainant alongwith Ch. Shamoon Qaseer M.P.A. Were coming back from the house of Sharif Lambardar along with Ramat Masih and Justinen Javed. The petitioners, who were armed with sticks alongwith co-accused who was carrying iron bar raised Lalkara that Shamoon Qaseer M.P.A. Should be taught lesson for his opposition being M.P.A. Thereupon each of the accused inflicted injury on the head of the victim. ' Learned counsel for the petitioners has sought bail on the ground that the petitioners have been involved in this case in a mala fide manner out of ulterior motive due to political rivalry. Further states that the injuries attributed to the petitioners had been declared simple. Furthermore it has been argued that in the medical report the doctor has not declared the same as dangerous to life. ' Learned State counsel has opposed the grant of, bail and has stated that the injuries have been inflicted on the vital part of the body. I have considered the arguments of the parties. It is true that the injured suffered three injuries on his person, one of which had been declared grievous while the other two had been declared simple. Simply on this ground that since the injuries attributed to the petitioners had been declared simple, they are not entitled to be released on bail. There is sufficient material on the file to connect the petitioners with the commission of this offence which falls within the prohibitory clause. In the circumstances of this case when the petitioners are stated to have inflicted injuries on the vital part
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of the body, I am not inclined to exercise my discretion and accordingly the bail application is dismissed.