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Criminal Bail Application No. 465 of 1981, decided on 25th June, 1981
‑‑ S. 497/498 ‑--Bail‑--Complainant himself compromising matter well accused dispute being between close relations, bail granted‑--Penal Code and (XLV of 1860), Ss. 307/34.
Muhammad Shafi Tahir v. State 1978 P Cr. L J 177 and 1980 N L R (Criminal) 297 ref.
Attaullah Khan for Appellants.
A. Sattar Shaikh, Addl. A.‑G. for the State.
The applicants and the complainant are related to each other. The complainant is the son‑in‑.law of the Applicant No. 1 and brother‑in‑law of Applicant No. 2. The incident happened in the house of Applicant No. 1 when the complainant had gone to take his daughter which was denied to him and after altercation injuries were inflicted upon him by the applicants. The learned counsel for the applicant has contended that according to the medical report the injuries are simple. Mr. Abdul Sattar Shaikh the learned Additional Advocate. General after looking into the records has also confirmed the same. It has also been pointed out by the learned counsel for the applicants that the parties have compromised the matter and in fact the complainant has moved the Government for permission to withdraw the case. An affidavit has also been filed by the complainant in which he has stated that the incident was as a result of a sudden fight which occurred due to altercation between them. He has further stated that he was in the house of the applicants and was entirely at their mercy and if there would have been any intention to kill the complainant the same could have been done by the applicants. The affidavit of some witnesses has also been filed to show that they were not the eye‑witnesses.
In the facts and circumstances of the case it has been contended that it is a fit case for grant of bail. Mr. Abdul Sattar Shaikh, the learned Additional Advocate‑General has also stated that no grievous injury seems to have been inflicted and taking into consideration the facts of the case an offence under section 307, P. P. C. cannot be made out. The learned counsel for the applicants has relied on 1978 P Cr. L J 177 and 1980 N L R (Criminal) 297. In the facts and circumstances of the case in view of the reason that the complainant himself has compromised the matter and the dispute related between close relations I grant bail to the applicants in the sum of Rs. 10,000 each with one surety each and P. R. bond for the like amount to the satisfaction of the Nazir of this Court.
Bail granted.
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