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Criminal Miscellaneous No. 2759/11 of 1982, decided on 10th November, 1982.
S. 497 and Penal Code (XLV of 1860), S: 307/34-Bail, grant of- Accused alleged to have given three blows to prosecution witness-One landed on chest declared as simple-F. I. R. silent regarding seats of other two blows-Accused suffering from Hypertension and Diabetes Mellitus and having general health weak--Accused released on bail in circumstances of case.
Shahid Hussain Kadri for Petitioner.
Muhammad Naeem for the State.
Rehmat Ali petitioner has moved this petition for bail in a case registered against him and three others under Ss. 307, 324, 326 and 379/34, P. P. C. The allegations are that on the night between 27/28th June, 1981 at about mid-night, the petitioner and his co-accused Nasir armed with Khanjars and Rashid and Manzur empty-handed challenged Maqsud Akhtar P. W. and simultaneously Manzoor took him into his hold while Nasir co-accused gave him nine Khanjar blows hitting his abdomen, head and WE hand. Rehmat Ale petitioner is alleged to have given him three blows, out of which one landed on his chest. The seat of the other two blows attributed to him is not mentioned in the F. I. R.
Maqsud Akhtar P. W. suffered 13 injuries, out of which injury No. 1 on the epigastrium was declared grievous.
2. The learned counsel for the petitioner contends that the injuries attributed to the petitioner have been declared simple in nature and the petitioner is an infirm and sick person, therefore, he is entitled to the concession of bail. The learned State counsel has opposed the prayer for bail.
3. I have gone through the relevant material. The petitioner. is alleged to have given three blows to Maqsud Akhtar P. W. out of which one landed on his chest. The F. 1. R. is silent regarding the seats of other two blows. The injury on the chest (No. 13) was declared simple. The learned counsel has filed a certified copy of the certificate issued by the Medical Superintendent, D. H. Q. Hospital, Gujranwala, to the effect that the petitioner is suffering from Hypertension and Diabetes Mellitus and his general health is weak. In the circumstances, I admit him to bail in the sum of Rs. 10,00 with two sureties in the like amount-to the satisfaction of Assistant Commis sioner/Duty Magistrate, Gujranwala.
Bail allowed.
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