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Criminal Miscellaneous No. 902-B of 1982, decided on 17th July, 1982.
-------S. 497-Bail, grant of-Petitioners, accused of murderous assault, in Jail for last 2 months--All injuries on person of victim of assault declared as simple except two which too not on vital part of body F. I. R. also lodged with delay of two days-Bail allowed, in circumstances.
Asif Saeed Khan Khosa for Petitioners.
Siddique Safdar for the State.
This is an application for bail on behalf of Mureed Hussain, Allah Diwaya, Wa2ir son of Allah Ditta and Wazir son of Hassan, petitioners in a case under section 307/325/324/ 148/ 149, P. P. C. registered at Police Station Kala vide F. I. R. No. 22, dated 14th May, 1982.
2. The prosecution case is that the petitioners variously armed in furtherance of their common intention launched murderous assault upon Allah Ditta on 12th May, 1982 at degarwela in the area of Mauza Kot Butta of Police Station, Kala.
3. As for the petitioners, it has been alleged that Mureed Hussain petitioner No. 1 was armed with a hatchet and he gave one simple blow to the victim. As for Allah Diwaya, Wazir and Wazir petitioners 2 to 4 it has been alleged that they were armed with sotas and inflicted blows on the person of Allah Ditta in order to cause his death.
4. Learned counsel for the petitioners contends that the injuries found on the person of the victim have not been declared dangerous to life and the grievous injuries were on a finger and right leg and as such, cannot be presumed that the petitioners wanted to kill the victim. As against this the learned State counsel has seriously opposed this appli cation.
5. After hearing the learned counsel for the parties, I find that there is a delay of two days in loding the F. I. R. out of 19 injuries found on the person of the victim, 17 injuries have been declared simple and the remaining two injuries are also not on the vital part of the body. The p6ti tioners arc in Jail for the last two months.
6. For all these reasons I am inclined to allow bail to the petitioners subject to their furnishing bail bonds in the sum of Rs. 10,000 each with one surety each in the like amount to the satisfaction of the Assistant Com missioner/Duty Magistrate, Dera Ghazi Khan.
Bail granted.
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