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Criminal Miscellaneous No. 2634-B of 1980, decided on 19th August, 1980.

-- S. 497-Bail-Petitioner causing one grievous injury on person of respondent and challan filed against petitioners under S. 325/34, P.P.C. an offence punishable with seven years. rigorous imprisonment-Case, held, did not fall within prohibition contained in S. 497, Cr. P. C.---Bail allowed.

Mansha Khan v. The State 1977 S C M R 449 fol.

Malik Rab Nawaz Noon for Petitioners.

G. A. Pirzada for the State.

Date of hearing : 19th August, 1980.

This is a petition under section 497/498, Cr. P. C. by Sabir Hussain and Asif, petitioners, for grant of bail in respect of a case instituted against them under section 325/34, P. P. C. at Police Station, Wah Cantt.

2. The petitioners are alleged to have caused injuries to Muhammad Rafique P. W. and Jehangir P. W. with iron shod dandas. Muhammad Rafique complainant suffered five simple blunt weapon injuries and Jehangir P. W. suffered two grievous and four simple blunt weapon injuries. The two grievous injuries on Jehangir P. W. were attributed to both the peti tioners, each having inflicted one grievous injury.

3. The petitioners were admitted to bail by the Resident Magistrate, Wah Cantt. on 13th July, 1980, but the same was cancelled by the learned Additional Sessions Judge, Rawalpindi, on 3rd August, 1980 on the ground that the petitioners had launched a premeditated attack on the injured P. Ws. that they caused eleven injuries to the two victims and that they were not entitled to the concession of bail "so early".

4. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the Police file. The petitioners at best have caused one grievous injury on the person of Jehangir P. W. The challan has been filed against the petitioners under section 325/34, P. P. C. which offence is punishable with seven years rigorous imprisonment. This is not a case which falls within the prohibition contained in 497, Cr. P. C. The learned counsel for State has not pointed out any special reason why bail should not be granted. Following Mansha Khan v. The State (1977 S C M R 449) which is a case on all fours with the present case, I am of the opinion that the petitioners are entitled to bail.

5. In view of the above, I hereby confirm the interim bail granted to the petitioners on 6th August, 1980.

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