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Criminal Miscellaneous No. 682-B of 1984, decided on 24th March, 1984.
---S. 497--Penal Code (XLV of 1860), S. 307/148/326/149---Bail, grant of--Three injured witnesses received blunt- weapon injuries--Only one of injuries described as grievous but later opined by doctor to be probable by friendly hand--No injury on any of witnesses was eminently dangerous to life--Petitioners, held, were entitled to be released on bail in circumstances.
Anwar Sama v. The State 1975 S C. M R 168 rel.
Masud Mirza for Petitioners.
Muhammad Arshad Khan for the State.
This is a petition under section 497/498, Cr.P.C. by Muhammad Ayyub, Javaid Akhtar and Aamar Hussain, petitioners, for bail in respect of a case instituted against them and two others under sections 307/326; 148/149 and 324, P.P.C. at Police Station Nawan Lahore, Toba Tek Singh, on 11-1-1984.
2. The prosecution case in brief is that there was a dispute between the complainant party and the accused party over a wall. According to the complainant party, one Mehr Muhammad Sadiq, Chairman, Union Council who was appointed an arbitrator, had given a decision in favour of the complainant party, whereupon they had constructed the wall. However, on the day of occurrence i.e. 10-1-1984 between 9-00 and 10-00 p. m. the complainant party were disturbed by the noise of the brick wall, which was being dismantled by certain women folk. When they came to investigate, they were attacked by the accused party Muhammad Ayyub, petitioner, was armed with a Khurpa, Aamar Hussain and Javaid Akhter petitioners, and Muhammad Sharif, co-accused were armed with hatchets and Liaqat Ali was armed with a Sota. In the assault, Muhammad Ashiq, Muhammad Sadiq and Shaukat Ali P.Ws. were injured.
3. I have heard the arguments of the learned counsel for trio petitioner and the State. Muhammad Ashiq, Muhammad Sadiq and Shaukat Ali P.Ws. have suffered blunt weapon injuries. Only one injury on Muhammad Ashiq P.W. has been described as grievous, but the doctor who was later directed by the Court to opine whether the same could be caused by a friendly hand, later certified the same to be probable. Since no injury on any of the three injured witnesses was eminently dangerous to life, the petitioners are entitled to be released on bail. See Anwar Sama v. The State 1975 S C M R 168.
4. For the foregoing reasons, this petition is accepted and Muhammad Ayyub, Javaid Akhtar and Aamar Hussain petitioners are released on bail, subject to their furnishing security in the sum of Rupees Fifteen Thousand (Rs.15,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala.
S. A .
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