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Criminal Miscellaneous No. 817‑B of 1984, decided on 2nd May, 1984.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/34‑‑Bail‑‑Accused causing fire‑arm injury on inner side of right knee joint of complainant which injury was declared as simple‑‑Accused had no intention to commit murder of complainant‑‑Accused neither firing on vital part of body nor repeating fire‑‑Accused admitted to bail.
Rab Nawaz Khan Niazi for Petitioner.
Irshad Ahmad for the State.
The case was registered against the petitioner under section 307/34, P.P.C. on 31‑8‑1983. He was arrested on 3‑9‑1983. He was admitted to bail by the trial Court vide order dated 5‑3‑1984. His bail was cancelled by the learned Additional Sessions Judge on 27‑3‑1984. The petitioner was allowed bail by the trial Court after a period of more than six months of his arrest. The prosecution was unable to conclude the evidence when the petitioner was admitted to bail.
2. I have gone through the medico‑legal report. Latifullah Khan complainant had a fire‑arm injury on the inner side of the right knee joint. This injury was kept under observation but declared simple. The learned counsel for the petitioner contends that the petitioner had no intention to commit the murder of the complainant and in case he had any such intention, he would have selected the vital part of the body or would have repeated the fire. I find force in the contention of the learned counsel for the petitioner. The petitioner is admitted to bail in the sum of Rupees ten thousand with one surety in the like amount to the satisfaction of the trial Court.
3. This order shall be without prejudice to the merits of the case.
M.Y.H. Bail granted.
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