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Criminal Miscellaneous No. 674-B of 1983, decided on 15th June, 1983
-- S. 497/498-Penal Code (XLV of 1860), S. 307/452/34-Bail --Perusal of First Information Report disclosing that occurrence result ed from sudden flare up-Accused in custody for last four months and no longer required for further investigation--Bail granted.
Sahibzada Farooq Ali Khan for Petitioners.
Khalid Alvi for the State.
Petitioners in this case are accused of offence under section 307/452/ 34, P. P. C. It is alleged that Sardar complainant had attempted to molest the wife of Imam Bakhsh petitioner eight days before the present occurrence and on the day of occurrence the complainant was called by the petitioners and their co-accused, real brother, at their dera where there was exchange of hot words on which two petitioners and their real brothers, co-accused, on bail rushed to the house of the complainant and on reaching there petitioners with knives caused four simple injuries to Mst. Sarwar Mai, mother of the complainant.
2. It has been argued that the motive was rather with the complainant, that the occurrence took place as a result of sudden flare up and the offence constituted is under section 308, P. P. C. which is bailable and otherwise petitioners allegedly caused simple injuries with knives which would be an offence under section 324, P. P. C. Bail has been opposed by learned counsel for the State who has submitted that seat of injury No. 3 is chest of the victim near the heart from which it can be inferred that offence under section 307, P. P. C. is made out.
3. It will be for the trial Court to determine which offence is con stituted in law. As at present the perusal of the F. I. R. disclosed that the occurrence resulted from a sudden flare up. Petitioners are in custody since 15-2-1983 and their person is no longer required for further investiga tion. I allow bail to the petitioners subject to their furnishing security in A the sum of Rs. 10,000 (Rupees ten thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Lodhran.
M. Y. H. Bail granted.
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