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1984 P Cr. L J 674

MUHAMMAD YOUSAF AND OTHERS vs THE STATE

Citation1984 P Cr. L J 674
CourtLahore High Court
Case No.Criminal Miscellaneous No, 1 and Criminal Appeal No, and 56 of 1982
Date1982-03-15
Judge(s)Muhammad Munir Khan
ResultOrder accordingly

ORDER

' This is an application under section 426, Cr, P. C. For suspeuding the execution of the sentence awarded to the peiitioners/appelianis under section 307/149, P. P. C. By a letuned Magistrate Section 30, iviuitan.

2. The learned counsel for the petitioners does not press for the bail of ziladar and Muhammad Yusaf petitioners at this stage. So far as the other petitioners are concerned, he argued that there are no reasonable grounds for believing that they have committed an offence punishable under section 307, P. P. C.

3. As against this, the learhed counsel for the State assisted by the learned counsel for the complainant has opposed this application. The learned counsel for the complainant has contended that the commission of an offence punishable under section 307, P. P. C. Has been proved beyond reasonable doubts against the petitioners/appellants and they have been sentenced to 7 years' R. L and as such they are not entitled to the concession of bail.

4. After hearing the learned counsel for the parties I find that Muhammad Yasin and Liaqat, petitioners were armed with gun, they fired at Ghulam-Mohyud-Din and caused injuries on his leg.

So far as Muhammad Hanff petitioner is concerned, he allegedly caused simple injury with dang on the person of Bashir P. W. So far as Sultan and Muhammad Aslam petitioners are concerned, they had allegedly caused injuries on the person of Mushtaq with dang and wrong side of the hatchet respectively. I find that Musbtaq received one grievous injury but the same has not been specifically attributed to Sultan Ahmed or Muhammad Aslam. As for Abdur Razzaq petitioner, the allegation against him is that of an ineffective firing. Be that as it may, the fact remains there, that Muhammad Yasin and Liaqat petitioners had fired at Ghulam Mohyud-Din and injured him. To my mind, they are not entitled to the concession of bail.

5. Without making any expression lest it may prejudice the case of either party I suspend the execution of the sentence awarded to Muhammad Hanif, Sultan Ahmed, Muhammad Aslam and Abdul Razzaq petitioners/appellants and admit them to bail subject to their furnishing bail bonds in the sum of Rs, 10,000 (Rupees ten thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Multan. .

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