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Criminal Bail Application No.295 of 1983, decided on 29th May,1983.
---S.497/498--Penal Code (XLV of 1860), S.307--Bail--Accused hurling abuses and delivering knife blows on vital part of body in heat of moment during course of arguments in a Punchayat--Injured treated and discharged from hospital after eleven days--Bail granted.
Faizanul Haq for Appellant.
A. A. Muhammadally, A.A.-G. for the State.
The brief facts that the accused Muhammad Qasim is Qulfi Seller. The injured Lal Mian is also a Qulfi Seller. On 19th March, 1983 a Punchayat was set up to settle the disputes between Lai Mian and others. In the Punchayat quarrel on the abuses, advanced by one Abdul Marian to Lai Mian took place. In the meantime Lai Mian was caught by Abdul Marian and Zainul Abedin and while the applicant Qasim gave two knife blows on the chest of Lai Mian. Lai Mian was removed to the hospital where he was examined and treated and a F.I.R. was filed before Police. Zainul Abedin and Abdul Marian were released on .bail by the learned Sessions Judge, Karachi.
Mr.Faizanul Haq Advocate has argued and raised 2 grounds for the release of accused Qasim on bail. Firstly, he has stated that the accused is of 16 years of age and as such he is young and a stripling. Secondly, that the injury on Lai Mian which was cavity deep was found to be simple by the Medical Officer. The Medical Officer's Certificate is before me it appears that Lai Mian after being treated was discharged on' 31st March,1983. He remained in the hospital for 11 days. Although the knife blows are delivered on the vital part of the body but the incident has taken place during the course of arguments in the Punchayat. The accused hurled at each other, abuses and in the heat of the moment, delivered blows Lai Mian was treated and discharged after 11 days. On this ground A I would rather like to release the accused applicant Qasim on bail. The applicant shall be released on bail on furnishing his solvent surety in the sum of Rs.25,000 (Rupees twenty-five thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court.
M. Y. H. Bail granted.
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