Faqir Muhammad and 3 others vs The State

ORDER

ABDUL HAMEED BALOCII, J.---Through this order I intend to dispose of above bail application filed by the applicants for their release on bail in case pursuant to FIR No. 109 of 2019, registered under Sections 336, 337- A(ii), 337-F(i), 354, 147, 149 Pakistan Penal Code with Police Station Saddar Dera Murad Jamali, District Naseerabad.

2. Precise facts of the case are that on 10th December , 2019 case FIR No. 109 of 2019, under above mentioned sections was registered with above Police Station on the report of Shaukat Ali on the allegation that the accused/applicants duly armed with hatches and dandas entered his house and attacked upon them, due to which his uncle Safar Khan, Shah Nawaz, Haq Nawaz, Mst. Malka Bibi, minor Nahida and Abdul Rehman received injuries.

3. After registration of FIR, formal investigation was carried out and challan of the case was submitted before the trial court. The applicants moved application for their release on bail, but' the reque st was declined by the trial court vide order dated 24th January , 2020, hence the applicants are before this court for the same relief.

4. Heard the learned counsel for the applicants as well as learned Additional Prose cutor General and also perused the available record. Record reflects that later on section 336, P.P.C. was inserted in the FIR, the punishment whereof is extended up-to ten (10) years. It would be appropriate to reproduce the definition of section 335, P.P.C.

Itlaf-l-salahiyyat-i-udw .

"Section 335, P.P.C. Itlaf-i-salahlyyat-i-udw . ---Whoever destroys or permanently impairs the functioning, power of capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause Itlaf-i- salahiyyat-i-adw ."

5. The medico legal certificate (MLC) of injured Hag Nawaz reads as under: "Injury No. 1: L/wound on the upper lip that wound divided upper lip in two parts.

Injury No. 2: one of the upper tooth is half broken and besides right side of the broken tooth another tooth's socket and gum bleeding and shaking.

Injury No. 3 : Bruise on left knee joint.

6. From the referred MI.0 it is apparent that no organ or limb is destroyed or permanently un-pair . It reflects that only half tooth was broken. It would be appropriate to reproduce section 337-U(1), P . P .C . : "Arsh for teeth. (1) The arsh for causing itlaf of a tooth, other than a milk tooth shall be one-itlaf of a tooth."

7. It is yet to be determined at the trial as to under what provision of the section and what punishment the accused/ applicants are liable, therefore, the case of prosecution is covered under section 497(2), Cr.P.C. as case of further inquiry .

8. Mere heinousness of crime is no ground to withhold bail. There is no embargo upon the court to keep the people in jail on the allegation that they committed offence which falls within the purview of prohibitory clause of section 497, Cr .P.C. Reliance is made on the case of Manzoor v . The State PLD 1972 SC 81 , wherein it was held: "It is important to remember that bail is not to be withheld as a punishment. There is no legal or moral compulsion to keep people in jail merely on the allegation that they have committed offences punishable with death or transportation, unless reasonable ground s appear to exist to disclose their compli city. The ultimate conviction and incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run."

In view of the above discussion the instant application is allowed. The applicants Faqir Muhammad son of Gul Muhammad, Attaullah son of Faqir Muhammad, Turab Ali son of Lal Muhammad and Muhammad Ali son of Muhammad Ramzan are admitted to bail in case pursuant to FIR No. 109 of 2019 , registered under Sections 336, 337-A(ii), 337-F(i), 354, 147, 149 Pakistan Penal Code with Police Station Sadd ar Dera Murad Jamali, District Naseerabad subject to furnishing surety in the sum of Rs.150,000/- (Rupees one hundred and fifty thousand only) with PR of the like amount to the satisfaction of the trial court or Additional Registrar of this Court.

The observations made above are tentative in nature and shall have no bearing on merit of the case.