MAJEED AHMED Versus STATE

Muhammad Aslam petitioner-accused was married to Mst. Hafizan Bibi. Unfortunately the relations between the spouses became strained and Mst. Hafizan Bibi is living with her parents. On 5-9-1995 a Panchayat was held for reconciliation which did not prove fruitful. At 10-30 a.m. on 5-9-1995 Allah Bakhsh, injured brother of Imam Bakhsh complainant was going to the fields who reached near the cattle "Bhana" of Lai Din when Muhammad Aslam petitioner armed with .30 bore pistol fired at Allah Bakhsh which hit his right thigh and the second fire hit on the palm of his right hand. His co-accused Khan Muhammad alias Khanu fired which hit on the head of the said injured. Imam Bakhsh complainant, Lai Din and Muhammad Latif were attracted at the spot who are said to have seen the occurrence. However, both the accused persons made good their escape alongwith their respective weapons. The statement of Imam Bakhsh was recorded by the Police Officer out of the building of Police Station Fateh Shah at Adda Atra Motor Bus and on its basis F.I.R. No.89, dated 9-9-1995 was registered at Police Station Fateh Shah under section 324/34, P. P. C.

2. The Medical Officer found three injuries on the person of Allah Bakhsh injured, out of which injury No. l on the head of injured was declared as Shajjah-i-Khafifah. However, during the investigation Khan Muhammad alias Khanu co-accused has been declared as innocent as intimated by the Police Officer present in the Court today, who has been exonerated. The X-ray skiagram of both the injuries attributed to Muhammad Aslam petitioner-accused were obtained by the Radiologist but no fracture has been found. The bail plea of Muhammad Aslam petitioner has been rejected by the lower Courts who has filed this petition before this Court to try his luck to be admitted to bail.

3. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. Keeping in view the medico-legal report coupled with the X-ray Skiagrams it can safely be expressed that Muhammad Aslam petitioner may also be charged under section 337-F(i), P.P.C. as the firing effected by him only ruptured the skin. No bone was fractured. A perusal of the medico-legal report has made out that no alarming material was mentioned by the Medical Officer about the condition of Allah Bakhsh injured when he initially examined him. He did not obtain the temperature as well as the blood pressure of the injured. It shows that Allah Bakhsh injured was not in a precarious condition at the initial time of examination by the Medical Officer on 5-9-1995 at 4-00 p.m. The occurrence took place at 10-30 a.m. on 5-9-1995. The cumulative effect of the aforesaid discussion would be that the attraction of section 324, P.P.C. can safely be held to be question of further inquiry. This is one aspect of the matter. Another aspect of the- matter is that the case was reported to the police on 8-9-1995 when the statement of Imam Bakhsh complainant was recorded at some different place from the precincts of Police Station Fateh Shah, District Vehari. In the circumstances of the matter the delay in reporting the matter to the police by the complainant cannot be taken lightly as acquired and desired by the complainant through the learned State Counsel because in view of the fact that the occurrence took place due to the failure of the Panchayat, it is simply abnormal that the complainant party waited and remained indolent on the alleged requests made by the accused party. Thus, on the basis of the delay in reporting the matter to the police by the complainant a valuable right has been acquired and derived by Muhammad Aslam petitioner-accused for the purpose of his admission to bail especially when the police has, as expressed supra, declared Khan Muhammad alias Khanu co-accused as innocent who has been eclipsed from the list of the accused persons.

4. For what has been said above, I hold that it is a fit case for the admission of Muhammad Aslam petitioner to bail. I accept this application and admit Muhammad Aslam petitioner to bail in the sum of Rs.25,000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of the Additional Sessions Judge, Burewala, District Vehari who shall remit the bail bond etc. after attestation to the trial Court.

N.H.Q./M-59/L ????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.