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FAYYAZ ALIAS MANNAH versus STATE


Criminal Code of Conduct (CCPC) Section 497 Guaranteed easy access to applicant due to bail injuries

1983 PCr. L J 2164 (1)

[Lahore]

Before Muhammad Munir Khan, J

FAYYAZ alias MANNAH‑Petitioner

Versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2227‑B of 1981, decided on 31st August, 1981.

Criminal Procedure Code (V of 1898)‑--

‑‑ S. 497‑Bail‑Injuries attributed to petitioner simple in nature ----Bail allowed.

Mian Muhammad Abbas for Petitioner.

Saleem Shad‑for the State.

ORDER

This is an application for bail on behalf of Fayyaz alias Mannah in a case under section 307/34, P. P. C. registered at Police Station Ravi Road, Lahore, vide F. I. R.. No. 142 dated 25th June, 1981.

The allegations against the petitioner are that he alongwith others in furtherance of their common intention made murderous assault upon Ghulam Abbas. So far as the petitioner is concerned, the allegations are that he caused simple injury on the person of victim with a chhuri.

2. Learned counsel for the petitioner submits that the question whether the alleged offence falls within the purview of section 307 or 324, P. P: C. needs serious consideration.

3. Learned counsel for the State has opposed this application. He submits that it is a case of murderous assault.

4. Be that as it may, the fact remains there that the injury found on the person of victim has been declared simple as admitted by the Sub -Inspector Police Ahmad Nawaz and the learned State counsel. 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 of A. C. Lahore.

M.Y.M. Bail granted.

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