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Criminal Miscellaneous No. 628-B of 1984, decided on 25th April 1984.
-- S. 497 read with Penal Code (XLV of 1860), S. 307-Bail, grant of-Cross-cases under S. 307, P. P. C. pending adjudication before trial Court and which party committed aggression yet to be seen ---Held: A case of further inquiry-Petitioner allowed bail, in circum stances.
Shahid Hussain Qadri for Petitioner.
Bashir Beg for the State.
Sanaullah petitioner alongwith others is charged with murderously assaulting Bashir Ahmad and Zohra Begum with fire-arms on 3rd June, 1983.
2. He have applied for bail on the ground that the complainant party was guilty of aggression and had attacked his brother Hadayat and caused 8 injuries on his person one of which was grievous. The weapons used were sharp-edged as well as blunt. Learned counsel states that a private complaint has also been filed against the complainant party under sections 148, 307/3261149, P. P. C. on 20th June, 1983 and uptill now only the statement of Hadayat complainant has been recorded and the matter has been adjourned from time to time for recording the other evidence. He states that there is no explanation at all of the injuries of Hadayat aforementioned in the F. I. R. lodged by Muhammad Yamin, brother of the injured and further that he is behind the bars for the last about 10 months without any headway in the trial and not even a single witness has been examined so far.
3. As it has yet to be seen which party had committed the aggression, I consider it to be a case of further inquiry and accordingly admit the petitioner to bail in the sum of Rs. 15,000 with two sureties in the like amount to the satisfaction of the trial Magistrate.
S. G. D Bail allowed.
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