FATEH JANG Versus PUNJAB ELECTION COMMISSIONER, LAHORE

This is a bail application by Zulfiqar son of Mithu Khan charged under section 324, P.P.C. vide F.I.R. No.74, dated 1-3-1994 of Police Station Saddar, D.I. Khan on the ground that he caused various injuries to his wife Allah Wasai, his mother-in-law Mst. Miran and his brother-in-law Muhammad Akram at such portions of the body and with such intention that it spelt out to be an intention to kill.

2. A perusal of medical reports of all the three would suggest that the injuries have already been caused and thus the intention would be gathered from the seat and nature of injuries and the petitioner would be punished for the hurt caused.

3. Resultantly, the injuries of Mst. Miran fall under section 337-A(ii) and 337-A(v), P.P.C. That of Muhammad Akram fall under section 337-F(i) and Allah Wasai had received only cut wounds without the exposure of bone, falling under section 337-F(ii), P.P.C. The last three injuries in series entail punishment of "Daman" and imprisonment as Tazir which may extend to five years, one year and three years respectively while the injury at No. l in the series entails a punishment of "Arsh" which is 5 % of "Diyat" and an imprisonment which may extend to five years as Tazir.

4. From the perusal of the text law, I have come to the conclusion that the basic punishment of the offences, above is either "Arsh" or "Daman" whereas the award of imprisonment is only discretionary and is likely to be awarded only when the behaviour of the accused is unusual, cruel or indicative of misuse of force, authority or occasion. In the circumstances of the present case, I believe that the intention to kill remains yet to be determined at trial, because the petitioner had gone to fetch his children to the house of his closest of relatives. He could have done and was in a position to do more harm than he actually did. The investigation is over and the petitioner is no more required to be detained and thus is directed to be released on bail provided he furnishes bail bond in a sum of Rs.50,000 with two local, reliable and resourceful sureties each in the like amount to the satisfaction of Ilaqa Magistrate alone.

N.H.Q./1599/P Bail granted.