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Criminal Miscellaneous No. 2956/B of 1976, decided on 13th August 1976.
S. 497‑Petitioner accused of murderous assault, attributed a mere Lalkara and question whether petitioner was at all present and participated in occurrence, yet to be determined‑Bail granted, in circumstance.
‑‑ S. 497‑Challan against petitioners accused of murderous assault, already pending in trial Court and date fixed for examination of prosecution witnesses‑Question of grant of bail, held, can only be considered after recording some material evidence‑Bail refused, in circumstances of case.‑[Bail].
S. M. Ayub Bokhary for Petitioners.
S.M. Wahab for the State.
Lal Khan, Akram, Muhammad Hassan and Noor Khan Petitioners are accused of the offence under section 307/325/34, P. P. C. The learned Sessions Judge, Campbellpur dismissed their application for bail on 17‑6‑1976 and thereafter the petitioners filed this application for bail pending their trial in which notice was issued to the State.
2. The learned counsel for the petitioners submits that the three petitioners have been attributed injuries to the complainant generally and no' specific injuries have been attributed to any one of them while the 4th petitioner, namely, Nur Khan is attributed only a lalkara and is a man of advance age of 60 years. The learned counsel for the State submits that challan has already been filed and more than one dates have been fixed for examination of the prosecution witnesses whose testimony is likely to be recorded shortly. According to the learned counsel for the State all the four petitioners before this Court were found guilty of the offence including the offence of murderous assault punishable with more than 10 years' R. I.
3. Nur Khan petitioner was attributed a Lalkara only and it is yet to be determined if he was present and participated in the occurrence. In the circumstances of the case his application for bail pending his trial is accepted and he is ordered to be released on bail subject to his furnishing security in the suns of Rs. 10,000 (Rs. ten thousand) with one surety in the like amount to the satisfaction of the learned trial Magistrate, Pindi Gheb. The appication on behalf of the remaining three petitioners is dismissed and it will be open to the learned trial Magistrate to consider the question of grant of bail of the remaining three petitioners at any stage after recording some material evidence. It will also be open to the learned trial Magistrate to consider the question of cancellation of bail of Nur Khan petitioner after recording some material evidence. This application is disposed of accordingly.
Order accordingly.
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