LIAQAT ALI Versus THE STATE

ORDER

Being an accused in case F.I.R. No.211/93, dated 12-10-1993 registered under section 337-F(v)/34, P.P.C. at Police Station Kameer, District Sahiwal Liaquat Ali, petitioner, has moved this Court under section 497/498, Cr. P.C. for his release on bail, the same request having been refused, to him by the learned Additional Sessions Judge, Sahiwal vide his order, dated 13-12-1993.

2. The case of the prosecution against the petitioner as unfolded in the F.I.R. is; that on 8-10-1993 at 8 a.m. the present petitioner being armed with a Sota inflicted the same at the right cheek of Muhammad Ramzan son of the complainant in the area of Chak No.123/9-L Police Station Kameer, under the grievance that Muhammad Ramzan had forbade them for un-cleaning the mud from the cart in front of his house.

3. It is contended that there is delay of four days in lodging the F.I.R. for which no plausible explanation is coming forth and the petitioner being armed with Sota allegedly gave a Sota blow on the face of the injured person and the injury being simple so the offence against him does not fall within the prohibitory clause so .the petitioner, therefore, is entitled for the concession of bail.

4. This bail, was opposed by the learned counsel appearing on behalf of the State.

5. After having heard the learned counsel of both sides, I have also gone through the relevant law. In my view the offence with which the petitioner is charged falls under the definition of section 337(iii) and (iv) as in this case Ghayr Jaifah injury has been caused by which the bone has been exposed and '' at is said to cause "Midihah". The Mudihah injury is liable to Daman and the fonder can also be punished with imprisonment of either description for a m which may extend to five yells as Ta'zir.

The case of the petitioner to some extent is identical with Baqir Ali 'accused who has since been released on bail. In my view the petitioner is entitled to the same concession on the principle of consistency as well.

6. Taking in view the above-noticed facts and circumstances of this case. I direct that the petitioner be released on bail provided he furnishes bail bonds e in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.

N.H.Q./L-78/L Bail granted.