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Criminal Miscellaneous No. 1938/13 of 1982, decided on 3rd August, 1982.
---S.497/498--Penal Code (XLV of 1860), 5.307/148/149-- Bail-- Cross-cases filed by both parties and question who opened attack yet to be determined--Case of further inquiry--Bail granted.
Ch.Muhammad Hussain for Petitioners.
Muhammad Ashraf Butt for the State.
This is an application for bail on behalf of Ali Muhammad and 4 others in a case under section 307/148/149, P.P.C. registered at P.S. North Cantt, Lahore, vide-F.I.R. No.185, dated 2nd July, 1982.
2. The prosecution case is that the petitioners in furtherance of their common object launched the murderous assault upon Lal Din and Labbha and caused injuries with various weapons.
3. Learned counsel for the petitioners submits that it is a case of free fight in which both the parties have received injuries and a counter case has been registered againt the complainant party of this case. The learned counsel for the State assisted by the learned counsel for the complainant has not controverted it.
4. After hearing the learned counsel for the parties, I find that there are cross-cases and it is yet to be determined as to who had opened the attack. The matter, therefore, requires further enquiry. The petitioners are therefore, allowed bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of trial Court.
M. Y. H. Bail granted.
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