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Criminal Miscellaneous No. 653-B of 1982, decided on 29th May, 1982.

--S. 497-Bail, grant of- Attempted murder -Parties clashed openly, resulting in registration of cross-cases and question as to which party was aggressor yet to be decided at trial-Injuries on five members of complainant party primarily by blunt weapons and only one grievous injury also caused with a blunt weapon on right arm of witness, attributed to petitioner-Grievous injury not having been caused on vital part of body, a case for grant of bail, held, made out-Petitioner allowed bail in circumstances.

Altaf Ibrahim Qureshi for Petitioner.

Soltan Alam for the Complainant.

Nazir Ahmad for the State.

Date of hearing 29th May, 1982.

This is a petition under section 497/498, Cr. P. C. by Abdul Majid, petitioner, for the grant of bail in respect of a case instituted against him and seven others under section 307/325/326/148/149, P.P.C. at Police Station Saddar, Burewala, on 5th May, 1982. The occurrence took place on 19th April, 1982, whereas the F. I. R. was lodged on 5th May, 1982 at the intercession of the High Court in Writ Petition No. 506 of 1982.

2. The prosecution case in brief is that the present accused party, comprising of nine persons, and the present complainant party, compri sing of eight persons, clashed on 19th April, 1982 as a result of which Ghulam Muhammad, Bashir, Muhammad Ashraf, Rahmat Ali and Khushi Muhammad P.Ws., of the present complainant party were injured and Muhammad Ali and Sarwar, were from the side of the present accused party, were injured, of which Muhammad Ali died later, due to the injuries. Cross-case was lodged against the present complainant party on 19th April, 1980 under section 302/307/148/149, P.P.C.

3. Majority of the injuries sustained by five P.Ws. are blunt weapons, except two on the person of Khushi Muhammad, which are by sharp edged weapon. Abdul Majid is alleged to have caused the only grievous injury on the right upper arm of Ghulam Muhammad P. W.

4. I have heard the learned counsel for the petitioner, the complai nant and the State and have also perused the record. The injuries on five members of the complainant party are primarily by blunt weapons. Only one blunt weapon injury is grievous, which is on the upper right arm of Ghulam Muhammad. This is attributed to Abdul Majid, petitioner. In view of the two cross-cases registered with the police, it yet remains to A be seen as to which party was aggressor. The grievous injury on Ghulam Muhammad P. W. is not on a vital part of the body. Abdul Majid, petitioner, has made out a case for the grant of bail.

5. For the foregoing reasons, the interim bail granted to Abdul Majid, petitioner is hereby confirmed.

Bail allowed.

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