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Criminal Bail Application No. 747 of 1985, decided on 3rd June, 1985.
---S. 497--Penal Code (XLV of 1860), S. 147/148/307/323/149--Bail- Seven co-accused involved in same case already on bail--Accused armed with hatchets and injuries attributed to them declared by blunt weapon and simple except one grievous--Accused persons also injured, one of them having grievous injury--Counter-case registered for same offences--Accused remained in custody for about 1 months and final challan having been put up in Court--Accused admitted to bail in circumstances.
Sardar Muhammad Ishaque for Applicants.
M.I. Memon, A.A.-G. for the State.
Present two applicants alongwith seven other co-accused are facing trial for offences under sections 307, 323, 147, 148 and 149, P.P.C. Seven other co-accused have already been released on bail. It appears from the F.I.R. that applicant Hidayat Masih caused injuries to Shoukat, and Rafique Masih caused injuries to Khalid Masih. Both applicants were armed with hatchets. Medical report of Shoukat Masih shows that he sustained two injuries caused by hard and blunt weapon and both have been declared to be simple in nature. Medical report of Khalid Masih shows that he sustained only one injury on the head which has been declared to be grievous in nature caused by hard and blunt weapon. It is submitted that there is a counter-case also filed by the applicant Hidayat Masih and offences are same in the counter-case. On this basis it is submitted that it is a case of sudden fight between the parties. It is further submitted that both applicants Rafiq Masih and Hidayat Masih were themselves injured and applicant Rafique Masih sustained injury which has been declared to be grievous in nature. Both applicants were taken in custody on 15-4-1985 and are now in judicial custody and final challan has been presented.
In the circumstances both applicants are admitted to bail in the sum of Rs.20,000 with one surety and P.R. each in the like amount to the satisfaction of the trial Court.
S.A. Bail accepted
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