Law: Criminal Procedure Code (V of 1898)

Section: 497

  Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.337-F(v)/34---Bail, grant of--- Accused had been charged for having caused stone injury to the complainant without specifying its seat and locale and it could not be ascertained at bail stage as to which. of three injuries was caused by the accused as all of them had been caused by 'blunt weapons---Such kind of hurt apparently fell under section 337-F(v), P.P.C. which was punishable -with Daman and five years' R.I. as Tazir---Accused was admitted to bail in circumstances. Muhammad Saleem Khan for Petitioner. Habib-ur-Rehman Afridi and Rasool Khan Khattak for the State. Date of hearing: 17th August, 1996. JUDGMENT Mazullah Khan accused petitioner, after failing to obtain bail from the learned Courts below had come up to this Court for the same relief in case F.I.R. No.248 dated 21-5-1996, registered at Police Station Saddar, Kohat under section 337-D/34, P.P.C. According to the F. I.R.,-Abdul Qasim injured complainant, on the day of occurrence at about 15-30 hours, was present near his house alongwith his grandson Fazal Hakim, when Mazullah Khan and Wajib Khan came and asked him as to why he deposed against them in the Court of Civil Judge. They exchanged hot words, in consequence whereof Mazullah Khan hurled a stone on the complainant and Wajib Khan gave him an axe blow, with which he got injured. I have heard learned counsel for the parties and gone through the record of the case with their assistance. The petitioner had been charged for causing stone injury to the complainant but the seat and locale of the said -injury was not specified, hence it cannot be ascertained at dais stage as to which of the three injuries, was caused by the petitioner as all of them have been caused by the blunt means. This kind of hurt would fall under clause (v) of section 337-F, P.P.C. which entail the punishment of Daman and may also be imposed   imprisonment which may extend to five years as Ta'zir, as provided under section 337-F(V), P.P.C.. The reading of the above section would manifest that the main punishment for the offence is the payment of…