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Criminal Miscellaneous No. 1591-B of 1981, decided on 21st September, 1981.
------S. 497(5) and Penal Code (XLV of 1860), S. 307/326/325/342/141, read with Offences against Property (Enforcement of Hudood) Ordinance (VI of.1979), S. 4-Bail, cancellation of-Bail allowed to respondent No. I on ground that no injury attributed to him-Respondent alleged to have dragged injured by putting chaddar around his neck-Injured suffering 17 injuries out of which 3 were grievous---Prima facie all accused acted in concert-Bail cancelled.
Ch. Muhammad Abdus Salim for Petitioner.
Altaf Muhammad Khan for the State.
Basharat Ali petitioner has moved this petition for cancellation of bail allowed to Arshad Ali respondent by the learned Additional Sessions Judge, Sheikhupura, in a case registered against him and others under sections 148, 342, 325, 326 and 307/149, P. P. C. read with section 14 of Ordinance VI of 1979. A registered A. D. letter was sent to the respondent but he has not turned up. The petitioner states that he was present outside the Court before the interval. The A. S. I. has also stated likewise. He states that Arshad Ali respondent is personally known to him and he had seen him outside the Court.
The learned Additional Sessions Judge allowed bail to, the respondent mainly on the ground that no injury had been attributed to him. This is however, not true, because in the F. I. R. it is clearly alleged that he put his Chaddar around the neck of Riasat Ali and dragged him to the Dera of Nazir. The modico-legal report shows that Riasat Ali had a ligature mark on the left and back side of neck. Riasat Ali suffered as many as 17 injuries out of which three were grievous. The allegations prima facie show that all the g accused acted in concert. I am therefore of the view that it was not a fit case for bail. Accordingly I allow this petition and cancel the bail allowed to the respondent by the learned Additional Sessions Judge. The respondent) shall be taken into custody and sent to jail.
Bail cancelled.
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