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Criminal Miscellaneous No. 2290‑B of 1983, decided oil 9th October 1983.
‑‑S. 498, Penal Code (XLV of 1860), S. 302/307/34‑Bail‑Accused not causing any injury to deceased or any one else but attributed role of causing simple injury to one of prosecution witnesses‑Accused, held, entitled to concession of bail.
Mahla v. State 1976 P Cr. L J 1059; Muhammad Akbar v. State 1978 S C M R 7 and Khadim Hussain v. State 1978 S C M R 146 rel.
Masaud Butt for Petitioner.
Chaudhry Muhammad Rafique Bajwa for the Complainant.
According to the prosecution version of the case it was Tallat Mahmood who caused fatal injuries to Khalid Jawaid alias Khalid Mahmood deceased. Riffat Mahmood, the petitioner, is attributed the role of causing simple injury to Abdur Razzaq, one of the prosecution witnesses. He did not cause any injury to the deceased or to anyone else. In these circumstances on the basis of the rule laid down in Mahla v. State (1976 P Cr. L J 1059), Muhammad Akbar v: State (1976 S C M R 7) and Khadim Hussain v. State (1978 S C M R 146) the petitioner is entitled to the concession of bail. He will be released on bail on his furnishing security in the sum of Rs. 10,000 (Rupees ten thousand only) with two sureties in the like amount each to the satisfaction of the Assistant Commissioner and Sub‑Divisional Magistrate, Lahore Cantonment.
M. Y. H. Bail granted.
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