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Criminal Miscellaneous No. 49/B of 1981. decided on 22nd February. 1981.
-- Ss. 497 & 498-Bail--Accused petitioners attributed simple fire-arm injuries-Whether accused acted in furtherance of common intention of unlawful assembly--To be determined at trial--- Whether in view of nature of injuries accused liable under S. 307, P. P, C. or under any other section of law calling for lesser penalty-Also to be decided at trial-Accused having remained in custody for ten months and commencement of trial being not in sight, bail allowed.
Malik Rab Nawaz Noon for Petitioners.
Sh. Zamir Hussain for the State.
The petitioners have been attributed simple fire-arm injuries. Whe ther they acted in furtherance of the common intention of the unlawful assembly of which they are alleged to have been the members, is a question that remains to 'be determined at the trial. As to whether in view of the nature of the injuries allegedly caused by them they are liable under sections 302 and 307, P. P. C. or under any other section of law calling for lesser penalty remains to be decided also at the trial. Presently, however the circumstances to be taken into consideration are that they have already remained in custody, for ten months now and the commencement of the trial is not in sight. I, therefore, admit the petitioners to bail each in the .sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of the S. D. M./Duty Magistrate, Rawalpindi.
Appeal dismissed,
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