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1979 SCMR 129

ABDUL RASHID Alias SHEEDA vs The STATE

Citation1979 SCMR 129
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 369 of 1978 Criminal Miscellaneous No. 2092 of 1978
Date1978-11-28
Judge(s)Malik Muhammad Akram, Nasim Hasan Shah
ResultPetition dismissed

ORDER

1. MUHAMMAD AKRAM, J.-This is a petition for special leave from an order dated 19th of July 1978, passed by a learned Judge of the Lahore High Court at Lahore, whereby he dismissed in limine an application of the petitioner for bail in a case registered against him along with another accused under sections 307, 452/34, P. P. C. At the Police Station, Gulberg,, Faisalabad, on the 15th of March 1978.

2. The prosecution case against the petitioner in brief is that he was married to Mst. Nasreen daughter of Nawab Din complainant about two years before the occurrence. But disputes and differences soon arose between the married couple and about seven months back she left the house of her husband to live with her father in his house at Ghulam Muhammad Abad, Faisalabad.

3. At about 1-00 a. m. On the night between the 14th and 15th of March 1978, Nawab Din complainant was sleeping in one of the rooms in his house while his son Bashir was sleeping with his wife Mst.

4. Rashida Begum in another room in the same house, he heard the shrieks uttered by his son and ran towards his room. He saw Abdul Hamid co-accused running away and found Abdul Rashid petitioner armed with a dagger inflicting injuries at his son Bashir. When he ran to his rescue he also inflicted injuries at him. At the time Muhammad Sadiq, a neighbour also arrived at the scene and they along with the help of Mst. Rashida Begum managed to overpower the petitioner along with the blood-stained dagger. The complainant then took Bashir injured in a rickshaw to the Civil Hospital Faisalabad where both of them were medically examined by the Doctor and the F. I. R. Was then registered at the police station at the instance of Nawab Din complainant at 6-15 a. m. On the 15th of March 1978.

5. The bail. Application of the petitioner was dismissed by the Additional Sessions Judge, Faisalabad on the 17th of May 1978 with the observation that prima facie a case under section 307, P. P. C. Was made out against the petitioner and three of the injuries suffered by Bashir were caused with a sharp-edged weapon in his abdomen, a vital part of the body. The petitioner then applied to the High Court for bail but his application was likewise dismissed in limine by a learned Judge of the Lahore High Court on the 19th of July 1978. Hence this petition for special leave to appeal.

6. We have heard the learned Advocate-on-Record for the petitioner and the counsel for the State.

7. According to the medical report and the police- record Bashir is alleged to have sustained five stab wounds at his abdomen. He was admitted to the hospital on the 15th of March 1978 and was discharged therefrom on the 25th of March 1978, after 10 days. Three of the injuries were declared as grievous caused by sharp-edged weapon his abdomen. In the absence of anything also the locale and the nature of the three injuries prima facie go to indicate that they were' grievous and dangerous to the life within the meanings of section 320 (eighthly), P. P. C. Punishable with imprisonment of either description for a term which may extend to 10 years. We, therefore, see no good reason to interfere with the orders passed by the two Courts in refusing to release the petitioner on bail in this case. This petition has no force and is accordingly dismissed.

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