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MOHAMMAD AKRAM versus STATE


Section 497/498 bail applicants are not charged with any injury incident and generally face charges, followed by further investigation and a guaranteed panel code (1860). XLV), Sections 307, 324, 325 148/149

1980 P Cr. L J 653

[Lahore]

Before Aftab Farrukh, J

MOHAMMAD AKRAM AND 2 OTHERS-Petitioners

versus

THE STATE.-.Respondent

Criminal Miscellaneous No. 4037/B of 1979, decided 15th December,

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

----S. 497/498-Bail--Grievous injuries on person of victim of assault attributed to petitioner---Bail application dismissed-Penal Code (XLV of 1860), Ss. 307, 324, 325 & 148/149.

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

----S. 497/498-Bail---Petitioners not attributed with causing any specific injury to victim of assault and involved inn general allegation of inflicting blows-Case, held, one of further inquiry and bail allowed-Penal Code (XLV of 1860), Ss. 307, 324, 325 148/149.

Shahid Hussain Kridri for Petitioners.

Muhammad Ajmal Khawaja for the Complainant.

Ataur Rehman for the State.

ORDER

The case of the prosecution briefly stated is that Muhammad Ismail, Allah Ditta and Abdul Ghafoor were proceeding. to the District Courts, Gujranwala on the day of occurrence for prosecuting a case against Muhammad Ismail etc. partisan of the petitioners. When they reached the level-crossing, they were waylaid by the petitioners and a case under sections 307, 324, 325, 148 and 149, p. P. C. has been registered against them.

2. Muhammad Ismail, Allah Ditta and Abdul Ghafoor have received injuries on their person which are alleged to have been indicted with sotas. Out of these injuries Muhammad Ismail had three grievous injuries on his Person and Allah Ditta had 2 grievous injuries on his person while Abdul Ghafoor had 5 injuries which all were simple in nature. Grievous injuries on Allah Ditta have not been specified, while the grievous injuries on the person of Muhammad Ismail have been attributed to Fazal petitioner. Application for bail of Fazal petitioner is, hereby, dismissed.

3. The complainant pasty has chosen to implicate fifteen persons. Muhammad Ikram and Muhammad Islam petitioners are not attributed any specific injury but, are involved in the general allegation of inflicting a glow.

In this view of the matter, their, case is one of further enquiry and both of them (Muhammad Ikram and Muhammad Islam petitioners) are allowed bail ill the sutra of Rs. 10,000 (Rs. ten thousand) each with two sureties each in the like amount to the satisfaction of trial Court.

4. The challan has been submitted in Court on the 12th of this month and the learned trial Court is directed to proceed with the case as expeditiously as possible so that it is finally concluded within three months. The Investigating Officer will communicate these orders to the learned trial Court.

Bail allowed.

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