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Criminal Miscellaneous No. 2028/B of 1985, decided on 7th September, 1985.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), S. 307--Bail, grant of--Case of cross-version--Prosecution totally suppressing injuries suffered by accused party--Complainant party also challaned under Ss. 148, 324, 325 and 149, P.P.C--Challans of both cases submitted to Court--Which party was guilty of aggression yet to be seen--Bail allowed to accused, to circumstances.
Ch. Abdul Wahid for Petitioners.
Nemo for the State.
The petitioners alongwith Khan Muhammad co-accused are charged for murderously assaulting Muhammad Inayat and Muhammad Walayat P.Ws. with sticks and a hatchet on 8-6-1985. Seven injuries were found on the persons of Muhammad Inayat out of which one was grievous which is attributed to Khan Muhammad co-accused. Seven simple injuries were found on the person of Muhammad Walayat P.W.
2. The motive for the offence was that Khan Muhammad aforemen tioned was constructing a wall of his house. Muhammad Inayat P.W. stopped him which led to an altercation between them. On the next day Khan Muhammad again started construction of the wall. Muhammad Inayat P. W. again objected whereupon Khan Muhammad and his companions attacked him and his brother Walayat.
3. Bail is urged on the grounds that there is cross-version. Khan Muhammad co-accused had also received four injuries, out of which one was grievous, the injured P.Ws. and three others have also been challaned under sections 148, 324, 325/149, P.P.C. and they are on bail. The prosecution has totally suppressed his injuries. Khan Muhammad A to whom the grievous injuries of Muhammad Inayat is alleged has not applied for bail. Cha-llans of both the cases have been submitted to the Court, it is stated. It is further stated that the complainant party had no right to stop Khan Muhammad from constructing the wall.
4. As it is yet to be seen which party is guilty of aggression, 1Iadmit the petitioners to bail in the sum of Rs.10,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Gujrat.
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