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Criminal Miscellaneous No. 2001‑B of 1981, decided on 12th August, 1981.
‑‑----S. 497‑Bail‑Petitioner not attributed injuries on vital parts of body of victim‑Question whether offence, if any, committed falls within ambit of S. 307 or S. 324 needs further inquiry‑Bail allowed, in circumstances.
Rab Nawaz Khan Niazi for Petitioner.
Mr. Arshad for the State.
Date of hearing : 12th August, 1981.
This is an application for bail on behalf of Muhabat Khan in a case under section 307/34, P. P. C., registered at Police Station, Kamar Mushani vide F. I. R. No. 18, dated 12th March, 1981.
The allegations against the petitioner are that he alongwith his brother, namely Muhammad Khan, made murderous assault upon Ghulam Sarwar complainant on 12th March, 1981 in the area of Allah Khair within the limits of Police Station, Kamar Mushani.
2. Learned counsel for the petitioner submits that the injuries on the person of the victim are not on the vital parts, therefore, the question of application of section 307, P. P. C. in the circumstances of the case needs serious consideration.
3. As against this learned counsel for the State has opposed this peti tion. He submits that the alleged offence is punishable with imprisonment for, life.
4. After having considered the arguments advanced by the learned counsel for the parties, I am of the opinion that the question whether the offence, if any, committed by the petitioner would fall within the ambit of section 307, P. P. C. or 324, P. P. C. needs further inquiry. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction o A. C., Mianwali.
M.Y.M. Bail granted.
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