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RIAZ versus STATE


According to the Criminal Code of Conduct (CCPC) Section 497 Panel Code (XLV of 1860), Section 148/325/149, Grant of the accused responsible for serious injury with Sota He was armed and his co-accused also suffered injuries. During the event, the complaining party has also chalked out under Section 324/148/149, all the accused already on bail have been kept in custody for about 40 days, in which case the accused has been granted bail.

1985 P Cr. L J 2886

[Lahore]

Before Sardar Muhammad Dogar, J

RIAZ Petitioner

Versus

THE STATE Respondent

Criminal Miscellaneous No.925/B of 1985, decided on 6th May, 1985.

Criminal Procedure Code (V of 1898)‑‑-

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.148/325/149‑‑Bail, grant of‑ Accused responsible for causing grievous injury with Sota‑‑According to F.I.R. accused was armed with Kulhari‑‑Accused and his co‑accused also suffering injuries during occurrence‑‑Complainant party also challaned under S.324/148/149‑‑All co‑accused already on bail‑‑Accused in custody for about 40 days‑‑Bail granted to accused in circumstances.

Ch. Liaqat Ali Sandhu for Petitioner.

Hashmat Ali Raza for the State.

Date of hearing: 6th May, 1985.

ORDER

The petitioner alongwith eight others has been arrested in case F.I.R. No.25, dated 2‑3‑1985, Police Station Wahndo, District Gujranwala, registered under section 325/148/149, P.P.C.

2. The allegation against the petitioner is that he had given a Sota blow on the right leg of Nawaz, which resulted in fracture of fabula.

3. During investigation it transpired that the petitioner and four other accused had also suffered injuries during the occurrence. The Investigating Officer had challaned seven persons of the opposite party under section 324/148/149, P.P.C. for having caused injuries to the petitioner and his co‑accused.

Although it is alleged in the F.I.R. that the petitioner had given a Sots blow to Nawaz but it is also stated in the F. I. R. that he was armed with Kulhari. All the co‑accused of the petitioner have been granted bail. The petitioner is in custody since 28‑3‑1985.

4. Keeping in view the above facts, the petitioner is directed to be released on bail in case he furnishes a bail bond in the sum of Rs.10,000 with one surety in the like amount, to the satisfaction of the Assistant Commissioner, Gujranwala Ilaqa Magistrate.

S.A. Bail allowed,

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