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Criminal Miscellaneous No. 408/B of 1975, decided on 7th March 1995,
‑‑ S. 497‑‑Petitioner, accused of 'Murderous assault, alleged to have caused head and back injuries 10 a P. W. alongwith two cc‑accused but nothing certain as to which of them actually caused such injuries‑‑‑Co‑accused allowed bail by lower Court while petitioner refused---Co-accused petitioner, held, could not be distinguished from that of co‑accused, in circumstance‑Petitioner also allowed bail.
Khalilur Rahman Ramdey for Petitioner.
Rana Abdur Rahim Khan for the Complainant.
M. A. Zafar for the State.
The petitioner is one of the fourteen persons who have been accused of the commission of offences under sections 148 and 307/149, P. P. C. The bail plea of the petitioner was dismissed by the Magistrate on 3rd of December, 1974, and by the learned Sessions Judge on 17th of January, 1975. The Magistrate had granted bail to the co‑accused of the petitioner and an application for cancellation of the same was dismissed by the Sessions Judge.
2. The part ascribed to the petitioner in the incident is that he along with Hamid and Murad had caused injuries to Shera P. W. on head and back. The doctor found that the injuries 1 to 3 on the head of Shera were grievous. As a result of these injuries, me victim appeared to have developed paralysis. The learned Sessions Judge refused to cancel the bail granted to Harold and Murad who along with the petitioner are said to have caused injuries on the head and back of Shera, but in so far as the petitioner was concerned, he refused to grant him bail on the ground that he along with two others was responsible for grievous hurt.
3. The learned counsel for the petitioner submits that on his side one Nusrat was killed and Zahoor received injuries. The occurrence took place on 14th of July, 1974, and the report in this case was lodged six days after that. It is further his submission that the case of Hamid and Murad cannot be distinguished from that of the petitioner. These three accused are alleged to have caused injuries to Shera P. W. on the head and the back. It is not clear as to who among them had caused the injuries on the head.
4. The learned counsel for the State and the complainant submit that in all twenty‑six injuries were caused by the accused out of which three on the head of Shera were found to be grievous. The learned counsel for the complainant submits that delay in holding the F. I. R. occurred because Shera was admitted in the hospital and was not in a position to approach the police.
S. I have heard the learned counsel at some length and I find that there is force in the contention of the learned counsel for the petitioner cannot be distinguishes from that of Hamid and Murad. I, therefore, direct that the petitioner shall be released on bail in the sum of Rs. 5,000 (Rupees five thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Vehari.
Bail allowed.
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