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Criminal Miscellaneous No. 1854-B of 1982, decided on 2nd August, 1982.
-------S. 497-Bail, grant of-(Attempted murder)-Cross-cases regarding same occurrence in which both sides receiving injuries registered and pending investigation-Bail allowed, in circumstance.
Ch. Ghulam Murtaza Khan for Petitioner.
Muhammad Ibrahim-11 for the State.
This is an application for bail on behalf of Javid Iqbal in a case under section 307/324/326/148/149, P. P. C. registered at P. S. Sangla Hill vide F. I. R. No. 97, dated 7th June, 1982.
2. The prosecution case is that the petitioner with 4 others in furtherance of their common object launched the murderous assault upon Noor Muhammad and Muhammad Rafiq and thereby caused several injuries on their person.
After hearing the learned counsel for the parties I find that both the sides have received injuries. On the side of the complainant Noor Muhammad received 5 injuries caused by sharp-edged weapon and simple in nature, Muhammad Rafiq received one injury with sharp-edged weapon on his head which has been declared grievous. On the side of the petitioner two persons received injuries. Javed lqbal petitioner received one injury caused with sharp-edged weapon and grievous in nature. Muhammad Ramzan received 4 injuries out of which one was caused by sharp-edged weapon and rest with blunt weapon and all simple in nature.
3. The learned counsel for the petitioner contends that there are cross cases and it is yet to be determined as to who was the aggressor. The learned counsel for the State admits that cross-case was registered after 17 days and the same has been challenged.
Without making any expression lest it may prejudice the case of either of the parties, I am of the opinion that in view of the cross-cases, the matter requires further enquiry. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfac tion of A. C., Sheikhupura.
Bail granted.
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