HAROON RASHID Versus THE STATE

ORDER

This is a revision petition seeking bail for Haroon petitioner who is involved in a case under section 307/324/326134, P.P.C. The prosecution version is that on 25-7-1987 Abdul Qayyum injured was going towards the shop situate in grain market, Sillanwali. On the way Haroon Rashid petitioner started chasing him. In the meantime co-accused Nasrullah and Naeem alias Naeemi also came there on a cycle. The petitioner gave a call to them to throw acid on Abdul Qayyum on which accused Naeem alias Naeemi who was holding a bottle, threw the acid on Abdul Qayyum causing burns on his arms and right side of abdomen.

Motive alleged in the F.I.R. was that the petitioner wanted to make friendship with Abdul Qayyum but he declined to oblige him as he was not enjoying good reputation.

The medical examination of the injured revealed three injuries due to acid burning. The Medical Officer Civil Hospital, Sillanwali, declared the said injuries to be simple but on re-examination the Medical Superintendent, D.H.Q. Hospital, Sargodha, declared the same to be grievous.

2. The petitioner moved an application for bail before the Judicial Magistrate Section 30, Sargodha, who allowed the application on 9-8-1987. The complainant moved an application for cancellation of bail in the Sessions Court, which was allowed on 10-10-1987 and the bail of the petitioner was cancelled.

3. Learned counsel for the petitioner contends that there is a delay of two days in lodging the F.I.R.; the alleged eye-witnesses had not seen the occurrence because they reached the place of occurrence after the acid had been thrown and only a Lalkara was attributed to the petitioner, therefore, bail was rightly allowed and there was no justification for its cancellation.

Learned counsel for the complainant and State counsel on the other hand submit that the allegations are very serious in nature and injured P.W. being still in bad shape is under treatment in Mayo Hospital, Lahore, therefore, no ground for bail is made out.

4. The injured is present in Court. His injuries are still under cover of bandages. The injuries on his person have been declared grievous by the Medical Superintendent D.H.Q. Hospital, Sargodha. The petitioner had a strong motive against him. There was, therefore, no good reason to allow bail just two weeks after the occurrence. The F.I.R. contains explanation for the delay in reporting the matter which is to the effect that the first informant had taken the injured to hospital for treatment and the accused persons and their relatives had been entreating him for a patch up. In the circumstances, there is no substance in this petition and the same is dismissed.

S. A. /H-59/L Bail refined.