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Criminal Hail Application No. 404 of 1981, decided on 7th December, 1981.

-- S. 497/498 and Penal Code (XLV of 1860), S. 323/324/325/ 504-Bail-Grievous injury not on vital part-Interim bail granted earlier confirmed.

Ghulam Qadir Jatoi for Petitioner.

Sarjraz Ahmad, Asstt. A.-G. (Sind)'or the State (on 25-10-1981).

Amanallah Qureshi for Asstt. A.-G. for the State (on 7-12-1981)

Dates of hearing: 25th October, 1981 and 7th December, 1982.

25-10-1981: The applicant stands trial under sections 323, 334, 3hatchet and 114, P. P. C. alongwith 4 others accused for allegedly causing injuries to two persons. According to the prosecution the present appli cant has caused hatchet injuries on the cheek of P. W. Mumtaz. The appli cant seems to be an old man of about 60 and is a Pesh-Imam of a Mosque. Mr. Sarfraz Ahmad learned Asstt. A.-G. states that he has no objection if the applicant is admitted to interim bail, but he requests for time to obtain Police Papers. The applicant is admitted to bail in the sum of Rs. 3,000 with one surety and P. R. Bond in the like sum to the satis faction of the Sessions Judge, Jacobabad. The case is adjourned to 28th October, 1981.

7-12-1981: Originally the case was challaned for offences under section 323/324/1.04/504, P. P. C. against the applicant and four other co- accused. The co-accused were granted bail and the applicant was refused on the ground that according to the prosecution case, he was responsible for having caused injuries with a sharp weapon on the cheek of injured Mumtaz Ali. Originally this injury was shown to be simple, but the Medical Officer reported later that this was grievous. Even if it was grievous, it was not on a vital part and should not be a ground for refusing bail to the applicant. Interim bail allowed earlier, is confirmed.

M.Y.H. Bail confirmed.

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