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Criminal Miscellaneous No.2453-B of 1983, decided on 7th November,1983.
--S.497/498--Penal Code (XLV of 1860), 5.302/148/149--Bail, grant of- Plea of counter-version of case not taken in earlier petition for bail which was rejected--Co-accused received as many as four grievous injuries all caused by sharp-edged weapon--Which party aggressor, a matter of further enquiry--Co-accused already released on bail by Court of Sessions--Bail granted to accused.
Mian Sher Alam for Petitioner.
Date of hearing: 7th November,1983.
Shah Muhammad petitioner who is involved in a case under section 302/148/149, P.P.C. arising out of F.I.R. No.206, dated 4th July, 1982, Police Station, Hafizabad, seeks to be released on bail.
2. The allegations against the petitioner and his co-accused are that on 4th July 1982 at 8/9-00 a.m., they attacked Saif Ullah, the complainant, his father Jalal and his mother Mst. Murad Bibi. They are alleged to have caused injuries with their respective weapons to the complainant Jalal aforesaid and Mst. Murad Bibi. The role attributed to Shah Muhammad petitioner is that at the time of occurrence, he was armed with Sota and he caused injury with his Sota on the head of Jalal who subsequently died.
3. The petitioner's application for bail has earlier been declined by this Court on 13th March,1983.
4. The present petition inter alia is based on the ground that a period of more than six months has gone by since the rejection of the earlier bail application of the petitioner but his trial has not yet been started.
5. Apart from the contention regarding delay, it has been argued on behalf of the petitioner that as a matter of fact, the occurrence has also a counter-version. The attack was opened by Saif Ullah, Sharif, Jalal, Mehdi and others. They caused simple as well as grievous injuries with hatchets to Sultan Ahmad, a co-accused of the petitioner. The occurrence was reported by the present petitioner vide F.OI.R. No. 205/82 about an hour earlier to the lodging of F.I.R. by the complainant party. This plea of counter-version was not advanced on the earlier occasion when the petitioner's bail application was rejected.
6. According to the medico-legal report of Sultan, the co-accused of the petitioner, received as many as four grievous injuries, all caused by sharp-edged weapon.
7. The question as to which of the two parties is liable for aggression, is a matter for further enquiry. All the co-accused of the petitioner have already been released on bail by the learned Court of Sessions.
8. In the above circumstances and without prejudice to the merits of the case, the petitioner is admitted to bail in the sum of Rs.30,000 (Rs. Thirty Thousand only) with one surety in the like amount to the satisfaction of A.C. Hafizabad.
M.Y.H. Bail allowed.
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