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Criminal Miscellaneous No. 1290/B of 1983, decided on 8th November, 1983.
-- S. 497/498-Penal Code (XLV of 1860), S. 307/34-Bail-No explanation given in F. I. R. for injuries to other party and there appearing two versions of same occurrence-Case of further inquiry Bail granted.
Syed Murtaza Ali Zaidi for Petitioner.
Attaullah Khan for the State.
Petitioner is accused of offence under section 307/34, P. P. C. It is alleged that petitioner with a gun and a chhuri and his real brother Ghulam Shabbir with a hatchet attacked and caused as many as six injuries to Rahim Bakhsh first informant.
2. It has been argued that about the same occurrence F. I. R. of cross-version was registered earlier in time on the statement of Ghulam Shabbir co-accused of the petitioner for his own injuries and for injuries to the petitioner allegedly caused by Rahim Bakhsh first informant and his brother Akbar. It is further submitted that in the F. I. R. registered by the first informant against the petitioner injuries to the petitioner and his brother Ghulam Shabbir were not explained although petitioner has suffered three injuries while his brother had suffered seven injuries for which they were medically examined simultaneously. It is also submitted 'that both accused of the counter-case have been bailed out and the motive is the same that the petitioner married the girl in question. Learned counsel submits that the case against petitioner is of further inquiry, that the accused of cross-case have already been enlarged on bail and co-accused of the petitioner has also been released on bail. The grant of bail has been opposed by the learned counsel for the State.
3. This is a case of further inquiry. In the F. I. R. registered against the petitioner no explanation is given for injuries to the other party. There are two versions of the same occurrence. Petitioner is allowed bail subject to his furnishing security in the sum of Rs. 20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Dera Ghazi Khan.
M. Y. H. Bail granted.
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