SHAUKAT ALI Versus STATE

ORDER

Shaukat Ali, petitioner, seeks bail in a case registered against him and others with Police Station Chhanga Manga, for an offence under section 324, Qisas and Diyat Ordinance and section 148/149, P.P.C. The case was got registered by Shaukat Ali with the allegation that about 1-1/2 months before the registration of the case, the first informant had an altercation with one Bashir Ahmad in connection with business dealing. Subsequently, the matter was patched up. On 29-3-1993 at about 10 a.m. the first informant was going on a cycle and when he reached near the house of one Faqir Muhammad, the petitioner armed with a dagger alongwith his co-accused, also armed, surprised the first informant. Bashir Ahmad, co-accused raised a Lalkara that the first informant should. not escape, whereupon Muhammad Afzal, another co accused, fired his carbine hitting the first informant. The petitioner gave a dagger blow on the nose of the first informant. Thereafter, the co-accused also belaboured him.

2. It was contended by learned counsel for the petitioner that the case against the petitioner is highly doubtful. Contended that though the petitioner was allegedly armed with a dagger, yet he gave an injury on the nose of the first informant. This clearly indicates that he did not have intention to cause serious injuries. Contended that even otherwise no recovery is to be effected from the petitioner and he is in judicial lock-up and the trial is not likely to commence in the near future. The contentions were opposed by learned counsel for the State.

3. I have heard the learned counsel and gone through the file. They petitioner was armed with a dagger and caused an injury, which was through and through on the bridge of the nose. Underlying cartilagic bone was also cut. This indicates that grievous injury was caused by the petitioner. Some of the co-accused of the petitioner are proclaimed offender. The petitioner is named in the F.I.R. and had played an active role in causing injuries to the first informant. No ground for bail is made out. The petition fails, which is accordingly dismissed.

N.H.Q./S-405/L Bail refused