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AZHAR HUSSAIN versus STATE


Injuries to the prosecution witnesses of the Criminal Procedure Code (CRPC) Section 497 were found to be easy, except for a serious traumatic injury that is not specifically permitted for any of the accused's bail.

1983 P Cr. LJ 2154

[Lahore]

Before Muhammad Munir Khan, J

AZHAR HUSSAIN AND OTHERS‑Petitioners

Versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2339‑B of 1981, decided on 1st September, 1981.

Criminal Procedure Code (V of 1898)‑

‑‑‑S. 497‑Injuries on persons of prosecution witnesses found simple except one grievous‑Such grievous injury not specifically attributed to any accused‑Bail allowed.

Ch. Abdur Rashid Gujjar for Petitioners.

Inayatullah Cheema for the State.

ORDER

This is an application .for the grant of bail on behalf of Azhar Hussain, Zulfiqar Hussain, Mazhar Hussain, Baqar Hussain and Faryad Hussain in a case under sections 326, 324, 148 and 149, P.P.C., registered at Police Station Karianwah vide Learned counsel for the State has opposed this application and submits that the alleged offence is punishable with imprisonment for life and it is a clear case of vicarious liability.

2. After hearing the learned counsel for the parties, I find that injuries on the persons of Amjad Hussain and Arshad Hussain except one (grievous) have been declared simple and the grievous injury has not specifically been attributed either to Faryad Hussain or Baqar Hussain.

3. In this view of the matter, I am of the opinion that it is a case o further inquiry and petitioners who are in jail since 29th June, 1981, a allowed bail in the sum of Rs. 10,000 each with one surety in the like amount to the satisfaction of Illaqa Magistrate, Gujrat.

M.Y.M. Bail granted.

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