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Criminal Miscellaneous No. 2104-B of 1984, decided on 22nd September, 1984.
---S.497--Penal Code (XLV of 1860), S. 302--Bail, grant of--Petitioner, having nothing to do with earlier incidents, giving rise to main occurrence--Only simple injuries to prosecution witness attributed to petitioner with no allegation of causing any injury to deceased--Petitioner allowed bail in circumstances.
Mehr Ghulam Ali Mubashir for Petitioner.
Sh. Muhammad Nawaz for the State.
The petitioner alongwith four others is being arrainged on a charge of murdering Mumtaz deceased and causing injuries to Manzoor Ahmad and Riaz P.Ws. on 5-12-1983 with knives and sticks.
2. The prosecution case is that a week before the occurrence the deceased had given beating to the relatives of the accused. On the day of occurrence Mumtaz and Nisar accused in retaliation gave beating to the deceased. The complainant accompanied by the deceased and other P.Ws. reached the spot and lodged a protest with them and also assaulted them with Sotas. Shortly, afterwards, the petitioners attacked the complainant party resulting in the death of Mumtaz deceased and injuries to Manzoor Ahmad and Riaz P.Ws. Both the deceased died of knife injuries. The petitioner who was armed with a Sota is alleged to have caused simple injuries to Manzoor Ahmad and Riaz P.Ws.
3. Bail is urged on the ground that the petitioners had nothing to do with the earlier incidents and had been roped in falsely and further that only simple injuries to the P.Ws. are attributed to him with no allegation of causing any injury to the deceased. Learned counsel has cited a number of precedents in support of his contentions.
4. Keeping in view the above circumstances, the case of the petitioners appears to be one of further inquiry. Accordingly, I admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C . , Bhalwal.
S. G. D. Bail granted.
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