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Bail Application No. 1368 of 1985, decided on 4th November, 1985.

‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302, 307, 324, 323 & 149‑‑Bail, grant of‑‑Three persons including deceased sustaining injuries on complainant side and two persons injured on accused side‑‑Except for allegation of instigation, no active part attributed to accused‑‑Accused stated to be father of two of co‑accused‑‑Bail granted to circumstances.

Qurban Ali Chohan for Applicant.

Muhammad Ibrahim Memon, Addl. A.‑G. for the, State.

Applicant Raja Abdul Munaf is one of the accused in Crime No. 53/85 of P.S. Site Hyderabad registered on 1‑6‑1985 at 11‑55 p.m. It alleged, that the applicant and other persons named as Khurshid Baig alias Punno, Zulfiqar alias Karo, Inayat Baig and Zahid, working as labourers at Mushtaq Textile Mills in Hyderabad Site Area, launched attack on another group of Labourers comprising Muhammad Bashir, Muhammad Mansha, Mazhar Iqbal, Muneer Ahmed, Tariq alias Cheeha and others and caused them injuries by means of Churries at the Gate of Mills at about 11 p.m. From amongst the victims, Muhammad Shabbir, Mazhar Iqbal, Muhammad Mansha and Muneer Ahmed sustained injuries. Muhammad Shabbir from amongst the injured succumbed to the injuries in the hospital. The report of the incident was made by Muhammad Ryaz, one of the eye‑witnesses. Police registered the case in respect of commission of offences punishable under sections 302, 307, 324 and 323 read with section 149, P.P.C. Police has arrested all the 5 assailants. They moved a bail application in the Sessions Court, Hyderabad. Their application was dismissed by IVth Additional Sessions Judge, Hyderabad by his order, dated 5‑8‑1985. Another application on behalf of the present applicant filed in the Sessions Court also was dismissed by the same learned Additional Sessions Judge by his order, dated 27‑10‑1985.

The learned counsel for the applicant has urged that the part assigns to the applicant is that of instigation and he is not alleged to have taken active part in causing injuries to the victims. He has further urged that the injured witnesses had made attack on the accused party and two of them, namely Zulfiqar and Khurshid Baig had actually sustained knife injuries. He has made reference to the injuries certificates of the injured witnesses and the injured accused to urged that it was not one‑sided assault but violance was employed by both the sides. He has laid stress on the ground that the present applicant did not play active part in the alleged incident. The learned Additional Advocate General has conceded to the grant of bail.

It appears that 3 persons had sustained injuries on the prosecution side and two persons were injured on the other side. The part assigned to the present applicant is that of instigation. He is said to be father of the co‑accused Zulfiqar and Zahid. Bail is granted in the sum of Rs.25,000 with, one surety to the satisfaction of the trial Court.

H. A. K. Bail granted.

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