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MUHAMMAD HUSSAIN versus STATE


Criminal Code of Conduct (CCPC) Section 497 Bail, Applicant's Grant, Section 307/325/148/149, accused of crimes under PPC, is in jail while already being extended in cross case. And the future of the trial is yet to be seen in the near future. The applicant also allowed bail in the circumstances

1983 P Cr. L J 1260

[Lahore]

Before MAZHARAL HAQ, J

MUHAMMAD HUSSAIN AND 4 OTHERS Petitioners

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 154-B of 1983, decided on 2nd January, 1983.

Criminal Procedure Code (V of 1898)-

----S. 497-Bail, grant of-Petitioner, accused of offences under S. 307/325/148/149, P. P. C., in Jail whereas accused in cross case already enlarged on bail and trial not yet in sight in near future-Petitioner also allowed bail, in circumstances.

Ch. Muhammad Hussain for Petitioner.

S. D. Qureshi for the State.

JUDGMENT

Muhammad Hussain, petitioner and four others are accused of the offences under section 307/325 read with sections 148 and 149, P. P. C. The case was registered against them on 11th July, 1982 at Police Station, Civil Lines, Faisalabad.

2. The accused in this case applied for bail in this Court. By my order dated 7th November, 1982 (In re: 2713-B/82), Muhammad Hussain, petitioner, was refused bail, whereas his co-accused were enlarged on bail.

3. Learned counsel for the petitioner contended that no evidence in this case has so far been recorded: Further contended that in the cross case which was registered under section 325/148, P. P. C., all accused were on bail. He also argued that the injury suffered by the victim on the head attributed to the petitioner was simple in nature. Had the petitioner the intention to kill, he could have caused a much greater harm. A deeper appreciation of these circumstances cannot be done at this stage. However, since the trial is not in sight in the near future, the accused in the cross-case are also on bail petitioner is allowed bail in the sum of Rs. 5,000 (Rs. Five thousand) with two sureties each in the like amount to the satisfaction of A. C./Deputy Magistrate, Faisalabad, pending trial.

Bail allowed

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