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Criminal Miscellaneous No. 1320/B of 1974, decided on 3rd December 1974.
‑‑ S. 497(2)‑Private complaint giving a counter‑version of occurrence filed on behalf of petitioner‑Petitioner also sustaining injuries and contention that it was complainant party who attacked petitioner and his companions also finding support from statement of complainant made before Enquiry Magistrate‑Case, held, covered by subsection (2) of S. 497, in circumstances‑Petitioner admitted to bail.
Sh. Naveed Shahryar for Petitioner.
Ata‑ur‑Rehman for the State.
This is an application by Muhammad Aslam son of Ghulam Shah under section 498, Cr. P. C. for the grant of bail. He is accused alongwith other persons of an offence under section 148/302/149, P. P. C.
The contention raised on behalf of the petitioner is that it was the complainant patty who had attacked the petitioner and his companions during which Said Ahmad and Aslam petitioner also received injuries. Learned counsel for the petitioner pointed out that a private complaint a counter‑version has also been instituted. He has also referred us to certain portions of the statement of Muhammad Ishaque complainant before the counsel---Inquiry Magistrate which go to support the contention of the learned Counsel.
2. The State has opposed the bail application.
3. Having heard the learned counsel for the parties and after going through the F. I. R. the counter‑version and the statement of Muhammad Ishaque complainant before the learned Inquiry Magistrate, I feel that there is some: substance in the contention raised by the learned counsel for the petitioner and certain doubts have been cast on the prosecution case by the statement of Muhammad Ishaque complainant that the petitioner and one of his co‑accused had also sustained injuries during the occurrence. I think the case falls under subsection (2) of section 9' of the Cr. P. C. In this view of the matter I feel that prima facie the petitioner is not guilty of an offence punishable with death or imprisonment for life. The petitioner, is granted bail in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of the A. C., Gujrat.
Petition allowed
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