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Criminal Miscellaneous 3448‑B of 1984, decided on 22nd December, 1984.

‑‑‑S. 498‑‑Penal Code (XLV of 1860), S. 302/325/148/149‑‑Bail‑‑Out of seventeen accused named in First Information Report, ten found innocent by Police, five granted bail and two accused (petitioners) attributed injuries which did not correspond with those given in medico‑legal report‑‑Question whether accused /petitioners and some other co‑accused were guilty under S. 307/149 or 325/149, Penal Code, a question calling for further inquiry‑‑Accused admitted to bail.

Muhammad Asif Ranjha for Petitioner.

This is a petition under section 498, Cr.P.C. by Bakhsha and Muhammad, petitioners Nos. 1 and 2, for bail in respect of a case instituted against them and fifteen others under section 307/325/148/149, P.P.C.

2. The prosecution case in brief is that during the night between 12/13‑9‑1984, Bakhsha and Muhammad, petitioners and the fifteen co‑accused, all armed with Sotas, attacked Muhammad Boots, father of the complainant, as a result of which he suffered nine injuries, out of which two were declared grievous. The order of the learned Additional Sessions Judge, dated 19‑11‑1984 also shows that later, one rib of Muhammad Boota was also found fractured, though it does not correspond with any of the nine injuries listed in the medico‑legal report of the said injured witness. The motive for the attack was that on the morning of 12‑9‑1984, there had been a fight between these two parties and in order to take revenge, the petitioners and their co‑accused attacked Muhammad Boota, complainant.

3. I have heard the arguments of the learned counsel for the petitioners and the State. It appears that out of the seventeen accused named in the F.I. R. ten were found innocent by the police. Out of the remaining seven, five have been allowed bail. The present two petitioners have not been allowed bail on the ground that the grievous injuries on the left wrist and left thigh of Muhammad Boota P.W. are attributed to the petitioners. Though this is correct, yet all the injuries on Muhammad Boota P.W. are on the arms and the legs, excepting the fracture of the rib reported later by the doctor, corresponding to which there appears no injury in the medico‑legal report. Be that as it may, the question whether the present petitioners and some of the other co‑accused are guilty under section 307/149 or 325/149, P.P.C. is a question which calls for further inquiry. In these circumstances, the petitioners are entitled to be released on bail.

3. For the foregoing reasons, this petition is accepted and Bakhsha and Muhammad, petitioners, are released on bail subject to their furnishing security in the sum of Rupees Ten Thousand (Rs.10,000) each with one surety each in the like amount to the satisfaction of the trial Magistrate, Bhalwal.

M.Y.H.

Bail granted.

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