GHULAM MUHAMMAD Versus STATE

ORDER

1. Applicant Ghulam Muhammad is undergoing his trial for having committed offence under section 324, P.P.C. According to the facts stated in the F.I.R., Mst. Nasim wife of the applicant, left him and went to reside with his brother Sajid. Her other sister Mst. Fozia was also living with them. On 20th March, 1993, the applicant went to get his wife. When he reached the house he found Mst. Fozia standing at the staircase and it is alleged that the applicant struck Chhuri on her forehead.

2. Mr. Sardar Muhammad Ishaq, Advocate for the applicant, contends that from the facts stated in the F.I.R., the applicant could not have intended to kill Mst. Fozia or anyone else as he had gone to the house of the complainant to get his wife back to live with him. The injuries on the person of Mst. Fozia are of simple nature.

3. Mr. Muhammad Sarwar Khan, Assistant Advocate-General, opposes grant of bail to the applicant as according to him, the applicant had no business to injure Mst. Fozia and also the case has not proceeded as yet.

4. From the facts narrated in the F.I.R. intention to kill Mst. Fozia is missing. It is, therefore, a case of further inquiry if an offence of attempt to kill is made out by the prosecution.

5. The applicant shall be released on bail on his furnishing solvent surety IB in the sum of Rs.1,00,000 (Rupees one lac) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

6. This bail application is allowed in terms indicated above.

7. N.H.Q./G-350/K Bail allowed.