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Criminal Bail Application No.601 of 1986.
‑‑‑Ss. 497 a 498‑‑Penal Code (XLV of 1860), 5.302‑‑Bail‑‑Accused charged for stabbing deceased who died subsequently on his way to hospital‑‑First information report indicating that complainant party also gave fists blows in their defence‑‑Fight was sudden and both parties caused injuries to each other‑‑As to who was aggressive yet to be determined at trial‑‑Accused less than 16 years of age at time of incident‑‑Bail not opposed by State‑‑Bail granted.
Qurban Ali Chohan for Applicant.
A.G. Mangi, A. A‑G for the State.
Five persons having been arrested on the complaint lodged by one Muhammad Riaz wherein he has stated that applicant alongwith co‑accused armed with deadly weapons attacked their companions. They were empty handed. Present applicant gave knife blow to Muhammad Shabbir and the complainant snatched the knife from him. Muhammad Shabbir died subsequently on his way to hospital.
It is stated in the First Information Report itself that the complainant party also gave fists blows in their defence. It is also stated in the report that both the parties caused injuries to each other. It is also stated that in the'fight Khursheed Baig, present applicant and co‑accused Zulfiqar also received injuries. All the co‑accused except the present applicant have been admitted to bail, two by this Court and two by the Court of Sessions.
I have heard learned counsel for the applicant and A.A.‑G for the. State. There was sudden fight between the two rival groups of the textile Mills and there was encounter between the two groups. Both the parties used sharp‑edged weapons as is clear from the medical evidence. Two persons from the side of the accused and three from the side of the complainant have received injuries.
The fight was sudden and both the parties have caused injuries to each other. It will be determined at the trial as to who was the aggressor.
It is further to be noted that the present applicant at the time of the incident, was less than 16 years of age.
In such circumstances the learned A . A . ‑G has also not opposed the grant of bail.
It is allowed. The applicant is admitted to bail in (Rupees Twenty thousand only) and P.R. bond he satisfaction of the trial Court.
Petition allowed.
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