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Criminal Bail Application No. 899 of 1985, decided on 31st July, 1985.
‑‑‑S. 497‑‑Bail, grant of‑‑Only allegation against accused being that of causing, fist and Danda blows to injured‑‑None of injuries found to be grievous‑‑Nature of injuries not resolved and ascertained till after lapse of more than 11 years‑‑Bail granted in circumstances.
Usman Ghani Rashid for Applicant.
Sattar A. Shaikh, Addl. A.‑G. for the State.
This bail application has been moved on behalf of the applicant against whom the allegation is that on 16‑12‑1982 at 7 p.m. he alongwith three other co‑accused came in a jeep and gave fist and Danda blows to one Saleh Muhammad, brother of complainant Umer Khan. One of the co‑accused, Ahmed Zafar, is also alleged to have given knife blows to the injured. The co‑accused are said to have attacked Saleh Muhammad because on 15‑12‑1983 he objected to the passing of the accused by the side of his house. The applicant/ accused was arrested on 30th June, 1985, while the other co‑accused are still absconding.
Mr. Usman Ghani Rashid, learned Advocate for the applicant, argued that only allegation against the applicant is that he gave fist and Danda blows to the injured. The learned Additional Advocate‑General informs that there are five injuries on the person of the injured but none has been shown to be grievous. The nature of injuries has been kept reserved. It reflects upon the efficiency of the concerned police officer and medical officer, who even after lapse of more than one and half years, have not been able to have the nature of injuries resolved and ascertained. Bail is granted to the applicant in sum of Rs.20,000 and he is ordered to be released on bail after furnishing surety and P.R. bond in the like amount to the satisfaction of the trial Court. The trial Court is at liberty to cancel the bail if nature of injuries so warrants.
S.A. Bail accepted.
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