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1978 P Cr. L J 863

MUHAMMAD RAMZAN AND ANOTHER vs THE STATE

Citation1978 P Cr. L J 863
CourtLahore High Court
Case No.Criminal Miscellaneous Nos. 576/B of 1977
Date1977-08-17
Judge(s)Muhammad Ilyas
ResultPetition dismissed

ORDER

' This petition for bail has been made by Muhammad Ramzan and Ahmad Bakhsh who are involved in a case under section 326/34, P. P. C. The allegations against them are that, about six months ago, Ahmad Bakhsh petitioner caught hold of Ahmad Din complainant and Muhammad Ramzan petitioner chopped off his nose with a knife.

2. Learned counsel for the petitioners submitted that the petitioners are behind the bars for the last six months but no progress has been made in the case brought against them. In reply, learned counsel for the State pointed out that the challan had been submitted to the Court and, that on 25- 7-77, which was the last date fixed for hearing of case by the trial Court, the witnesses of the prosecution were present but they could not be examined.

3. Learned counsel for the petitioners then urged that since the main role in the present occurrence has been attributed to Muhammad Ramzan petitioner, the other petitioner namely, Ahmad Bakhsh may be admitted to bail. As regards Muhammad Ramzan petitioner, he submitted that he would not press for bail for him if the trial Court was directed to expedite the hearing of the case.

4. On the other hand, the learned counsel for the State, maintained that as a result of the offence alleged to have been committed by the petitioners, their victim Ahmad Din had been permanently disfigured and that the maximum' penalty for the aforesaid offence was imprisonment for life. He, therefore, contended that the petitioners were not entitled to bail.

5. Both the petitioners are named in the F. I. R. And the roles attributed to them also find mention therein. It is alleged that Ahmad Bakhsh petitione A held the victim in his grip (Chatta) to enable Muhammad Ramzan petitions to remove his nose. Thus, the alleged contribution of Ahmad Bakhsh petitioner in the commission of the offence is not an insignificant one. Moreover, they are alleged to have committed the offence with a common intention. As stated in the F. I. R., the occurrence was witnessed by Munir Ahmad, Abdul Karim and Qazi Saeed. The offence alleged to have been committed by the petitioners has disfigured the complainant for all times to come and it is punishable with imprimment for life. In the case against them the evidence is yet to be recorded. I am, therefore, not inclined to admit them to bail at this stage. The petition is dismissed.

6. I, however, direct the trial Court to avoid all unnecessary delays in hearing the case against the petitioners.

Cited by 1 case

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