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Criminal Miscellaneous No. 947/B of 1983, decided on 24th July, 1983.
--Ss. 497 & 498-Penal Code (XLV of 1860), Ss. 308/325/34-Bail-- Cross-case-Opposite party on bail-Accused, held, also entitled to grant of bail.
Malik Muhammad Zafar Punian for Petitioners.
Shahid Latif for the State.
The petitioners have been arrested in a case under section 308/325/34, P. P. C. registered at Police Station Jahania. Having remained unsuccess ful before the Additional Sessions Judge the petitioners have moved this Court for the grant of bail.
2. According to the prosecution, the petitioners are stated to have caused grievous hurt in furtherance of their common intention to Sardar Muhammad P. W. with sticks resulting in the fracture of one of his ribs and a finger. The petitioners were arrested on 10th June, 1983 and are now lodged in Jail.
3. Learned counsel for the petitioners submits that in fact the complainant party was aggressor and has caused as many as 10 injuries including a grievous injury to Asghar Ali, petitioner. He next submits that a cross-case pertaining to same occurrence has been registered where st x persons of the complainant party have been arrested and challaned but w ere allowed bail by trial Court. Lastly, he contends that the petitioners a e in disadvantageous position as the other party enjoys the concession of bail, and the question as to which of the parties was aggressor has yet to be determined. As against this, the learned counsel for the State opposes the grant of bail.
4. Having considered the contention of the learned counsel for the parties I am of the view that since a cross-case has been registered and opposite party is on bail, the petitioners are also entitled to the grant of bail. The petition is, therefore, allowed. It is directed that the petitioners be released on bail subject to their furnishing security in the sum of (Rs. 5,000 Rupees Five Thousand only) with one surety in like amount each to the satisfaction of Assistant Commissioner/Duty Magistrate, Khanewal.
M. Y. H. Bail granted.
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