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NAWAB versus STATE


Criminal Code of Conduct (CRPC) Section 497 Bail, Grant (Attempted) Although the victim of the assassination attack is attributed to the applicant, there are still no cases showing the applicant in the murder case. Tried to get involved, which was also assigned an additional meeting. The judge was given the option of imprisonment for up to 7 years, only to be granted bail

1983 P Cr. L J 2221 (1)

[Karachi]

Before Munawar Ali Khan, J

NAWAB‑Petitioner

Versus

THE STATE‑Respondent

Criminal Bail Miscellaneous No. 466 of 1982, decided 23rd ‑ December,

1982.

Criminal Procedure Code (V of 1898)‑

‑-----S. 497‑Bail, grant of‑(Attempted murder)‑Injury to victim ‑of murderous assault although attributed to petitioner yet circum stances not showing prima facie that petitioner inflicted same in an attempt to‑ commit murder‑Case also entrusted to an Additional Sessions Judge empowered to award imprisonment up to 7 years only‑Bail allowed, in circumstances.

G. M. Soomro for Applicant.

Gul Muhammad Awan for the State.

ORDER

The petitioner is alleged to be facing trial under various sections of the Penal Code including that of section 307, P. P. C. Three co‑accused in the case have already been enlarged on bail. The case of the petitioner has been distinguished by the lower Court on the ground that the only injury found on the person of complainant was inflicted by him. The injury is no doubt seated on the vital part of the body namely, head but the circumstances in which the same has been caused do not prima facie show that he had inflicted the injury in an attempt to commit murder. Besides this; it is said that the case has been transferred to Assistant Sessions Judge for trial. The maximum power vested in the said Judge to award imprisonment is upto 7 years. In view of these circumstances the learned State counsel has no objection to grant of bail. Bail is allowed in the sum of Rs. 15,000 and P. R. of the same amount to the satisfaction of the trial Court.

S.G.D. Order accordingly.

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