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Criminal Miscellaneous No. 3141/ B of 1983, decided on 28th December, 1983.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860). Ss. 307/34 s 324--Bail--Injuries, allegedly inflicted by accused declared simple--Question of application of S. 3117, Penal Code, needing further enquiry--Bail granted.
Rana Ijaz Ahmad Khan for Petitioners.
Muhammad Arshad Khan for the State.
This is an application for bail on behalf of Riaz Ahmad and Muhammad Saleem petitioners in a case under sections 307134 and 324, P.P.C. registered at P.S. Bhera, vide F.I.R. No.133/151, dated 12-11-1983.
2. The prosecution case is that the petitioners launched murderous assault on Muhammad Nazir and Muhammad Khalil and caused injuries to them.
3. Learned counsel for the petitioners submits that the injuries found on the person of the P.Ws. having been declared simple and no case punishable under section 307, P.P.C. is made out.
Learned counsel for the State has, opposed this application. He, however, concedes that the injuries found on the person of the P.Ws. have been declared simple.
4. I have considered the arguments advanced by the learned counsel with care. I find that the injuries allegedly inflicted by the petitioners on the person of Nazir and Khalil have been declared simple and a such, the question of the application of section 307, P.P.C. need, further enquiry. They are, therefore, allowed bail in the sum o Rs.10,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Sargodha.
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