‑Bail‑‑‑Accused were charged for having caused Shajah‑i­-Mudihah

1993 S C M R 1994
[Supreme Court of Pakistan]
Present: Shafiur Rahman, Muhammad Afzal Lone and
Muhammad Rafiq Tarar, JJ
ALLAH RAKHA alias BODI and another‑‑‑Petitioners
versus
THE STATE and another‑‑‑Respondents
Criminal Petition for Leave to Appeal No. 206‑L of 1993, decided on 15th June,1993.
(On appeal from the order dated 31‑3‑1993 passed by the Lahore High Court in Cr. Mics. No. 174‑B/C/93).

Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S337‑A(ii)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Accused were charged for having caused Shajah‑i­-Mudihah (exposure of any bone of the victim without causing fracture) which did not fall within the prohibitory clause of 5.497, Cr.P.Cr‑‑Petition for leave to appeal was accordingly converted into appeal and the accused were released on bail.
Ch. Nabi Ahmad Cheema, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Nazir Ahmad Qureshi, Advocate Supreme Court for the State.
Date of hearing: 15th June, 1993.
JUDGMENT
MUHAMMAD RAFIQ TARAR, J.‑‑‑Allah Rakha alias Bodi and Iqbal alias Kaka petitioners seek leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 31‑3‑1993 whereby bail allowed to them by a learned Additional Sessions Judge in a case under section 337‑A (ii) of the P.P.C. was cancelled on the application made by respondent No.2, their father.
2. The prosecution version was that on 4‑10‑1992 the petitioners abused their father and injured him with brickbats.
3. The medical examination of Sardar Masih revealed three lacerated wounds and an abraded swelling, all simple in nature.
4. The petitioners were allowed bail by the learned Additional Sessions Judge vide order dated 2‑12‑1992 but the same was cancelled on the ground that he had not considered the aspect that the petitioners had caused injuries to their father and had also threatened to kill.
5. We have heard the learned counsel for the parties. The petitioners were charged for having caused Shajjah‑i‑Mudihah (exposure of any bone of the victim without causing fracture) which does not fall within the prohibitory clause of section 497 of the Cr.P.C. Accordingly we convert this petition into an appeal and allow it. The petitioners shall be released on bail subject to their furnishing security in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of the trial Court.
N.H.Q./A‑1028/SAppeal allowed

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