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Criminal Miscellaneous No. 5014-B of 1977, decided on 19th December 1977.

-- S. 498-Bail, pre-arrest-Incident a sudden affair-Petitioner appearing at scene of offence and giving danda blow to prosecution witness, finding her hurling abuses at petitioner's mother-Interim bail confirmed, in circumstances-Penal Code (XLV of 1860), Ss. 308 & 325/34].

Pervaiz Mahmud Mian for Petitioner.

Rao Hamid Mukhtar for the State.

Charles Peter petitioner who alongwith others is involved in a case under sections 308 and 325/34, P. P. C., has moved this petition for pre arrest bail. The allegations are that on 7th October, 1977 at about 1-30 p.m. Mst. Surriya alias Rani wife of Ghulam Masih complainant while passing in front of the house of the petitioner asked Mst. Nahmoon (mother of the petitioner) not to throw water in the street upon which Mst. Nahmoon hurled abuses on her. Mst. Surriya also abused in return. During the quarrel the petitioner gave danda blows to the complainant, his daughter and his wife Mst. Surriya alias Rani fracturing her nasal bone.

2. The learned counsel for the petitioner contends that the F. I. R. shows that the petitioner caused injury to Mst. Surriya alias Rani under grave and sudden provocation when she was abusing his mother, therefore, he is entitled to bail.

3. I have gone through the record. The F. I. R. shows that the incident happened all of a sudden and the petitioner appeared at the scene when Mst. Surriya alias Rani was hurling abuses on his mother in return. It is pertinent to note that the case was initially registered under section 308, P. P. C. which is a bailable offence. In the circumstances there is no ground to re-call the order dated 13-12-1977. The interim bail allowed to the petitioner is, therefore, confirmed.

Interim bail confirmed.

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