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BAHADUR versus THE STATE


Criminal Code of Conduct (CRPC) Sections 497 and 498 [Cross Cases] Cross cases arising from the same incident, petitioners charged with murder, remain in jail while the other party, on the charge of murder, extends bail. Applicants received a large number of critical injuries, including sharp weapons with some casualties, whose applications are guaranteed, under conditions of the Penal Code (XLV of 1860), Sections 302 and 307.

1975 P Cr. L J 162

[Lahore]

Before Shafi‑ur‑Rehman, J

BAHADUR AND 9 OTHERS--‑Petitioners

Versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2355‑B of 1974, decided on Ist August 1974.

Criminal Procedure Code (V of 1898)‑---

---‑‑Ss. 497 & 498--‑Bail‑[Cross‑cases]‑Cross‑cases, arising out of same incident‑Petitioners, accused of murder, remaining in jail while other party, accused of murderous attack, enlarged on bail Petitioners receiving large number of injuries including some with sharp‑edged weapons on vital parts‑Petitioners admitted to bail, in circumstances‑Penal Code (XLV of 1860), Ss. 302 & 307.

S. H. Kadri for Petitioner.

J. V. Gardner for the State.

ORDER

An occurrence took place on 6‑1‑1974 and the two cases were registered . The accused art implicated in a case under section 302/307/148/356/149 P. P. C. registered on the report of Ahmad the same day. The report of Jafar Ali one of the accused in the case and petitioner now was recorded on 28‑1‑1974 on which a case under section 307/325/148/149 has been registered. The persons accused by Jaffar Ali were allowed pre‑arrest bail by this Court and they remain on bail. This is a petition now by the petitioners accused in the cross‑case for bail. It is contended that from the medical examination conducted on the petitioners as many as 43 injuries were found on their person. The medical report of Jafar Ali placed on record shows that he had at least 4 sharp‑edged weapon injuries, some on the head and neck also. The challan is stated to be complete and submitted.4 in Court and is fixed for 13‑8‑1974.

In view of the cross‑cases and the fact that the other side is already on bail and the petitioners will be required to pursue their defence it appear appropriate in the circumstances of this case that they be admitted to bail in the sum of Rs. 10,000 each with two sureties each in the like amount to the satisfaction of A. C. concerned. Order accordingly.

Petition allowed.

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