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Criminal Miscellaneous No. 3212/B of 1984, decided on 28th November, 1984.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/324/325/148/149‑‑Bail‑ Grant of‑‑Complainant and injured person submitted affidavits regarding compromise with accused‑‑No injury dangerous to life on person of injured found‑‑Accused in circumstances, held, not disentitled to bail.
Muhammad Anwar Samma's case 1976 S C M R 168 ref.
Muhammad Nazir Janjua for Petitioners.
Muhammad Mansha for the State.
Date of hearing: 28th November, 1984.
This is a petition under section 497/498, Cr.P.C. by Jehangir and Altaf, petitioners for bail in respect of a case instituted against them and six others under section 307/324/325/148/149, P.P.C. at Police Station Rabwa on 24‑9‑1984.
2. The prosecution case in brief is that Jehangir and Altaf, petitioners, and Mamma, Shamma, Munir Ahmad and Anwar, co‑accused, all armed with Sotas, and Nazir, co‑accused, armed with a hatchet, injured Mehnga P.W. with their respective weapons. Mehnga P.W. was found, on medical examination, to have suffered one sharp‑edged weapon injury and ten blunt weapon injuries of which four were multiple contusions.
3. I have heard the arguments of the learned counsel for the petitioners and the State. Jehangir complainant, and Mehnga injured P.W., who are both present in Court, are identified by Mahmood Ahmad A.S.I., who is also present in Court. Jehangir and Mehnga P.W. submit that they have compromised the matter with the petitioners and they have no objection if the petitioners are released on bail. Affidavits in the said connection have also been filed, which have been placed on the record. There is no injury on Mehnga P.W. which is dangerous to life. On the principle laid down by the Supreme Court in Muhammad Anwar Samma's case 1976 S C M R 168, the petitioners are not disentitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Jehangir and Altaf, petitioners, are released on bail, subject to their furnishing security in the sum of Rupees Twenty Thousand (Rs.20,000) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Chiniot.
I.D. Petition accepted.
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