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Criminal Bail Applications Nos. 214 (Hyd.) and 632 (Kar.) of 1985, decided on 11th June, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.307/326‑‑Bail, grant of‑‑As per medical evidence only five injuries by blunt substance found on complainant and no specific part assigned to applicants‑‑Applicants allowed bail, in circumstances.

Qurban Ali Chohan for Applicants.

Abdul Ghafoor Mangi, A.A.‑G. for the State.

This bail application has been filed on behalf of Soomar and 11 others in a case under section 307/326/323/341/342/504/148/147/149, P.P. C.

Briefly the case in the F .I. R. lodged by Basar on 10‑3‑1985 at Police Station Dero Town that he was going to his village when at about 10‑30 p.m. he reached at the lands of Saleem Soomro, when saw Allah Bachayo, Nawaz, Soomar, Sattar, Yousif, Gul Hassan son of Nooro, Ramzan, Shero and Juman standing with hatchets, all by caste Palijo. It is stated that Allah Bachayo gave him injuries by blunt side of hatchet on his arm while Nawaz and Gul Hassan caused hatchet injuries on his head and other accused used back side of hatchets. In the meanwhile Hassan arid Mooso came and asked the accused not to cause further injuries to him. Basar has stated that he was taken by the, accused to the house of Gul Hassan and after while they again took him near the house of Allah Bachayo where Gul Hassan son of Abdullah, Siddique and Hussain also came and abused. His both arms were tied with towel. Gul Hassan son of Abdullah and Nawaz caught hold of his arms and Soomar cut his left ear with his hatchet, and thereafter some of the accused went to the police station for lodging report and brought police there. He was taken to the police station where complainant lodged his report.

Mr. Qurban Ali B. Chohan the learned counsel appearing for the applicants contended that there is a counter‑version of this incident and report was lodged by accused persons prior to filing of this case. He has stated that there is an exaggeration in a number of the accused and case has been filed due to enmity.

Mr. Abdul Ghafoor Mangi, the learned A. A.‑G. has opposed the bail of Allah Bachayo, Nawaz. Gul Hassan son of Nooro, Gul Hassan son of Abdullah and Soomar and stated that the specifically injuries to complainant are attributed to above applicants.

In this case complainant Basar sustained as many as 10 injuries out of which 5 were caused by sharp‑cutting weapon and remaining by blunt substance. The case of prosecution is that all 12 accused were armed with hatchets and it is mentioned that in the first instance Allah Bachayo gave hatchet injuries on the arm of complainant while Nawaz and Gul Hassan son of Nooro caused injuries to him on his head by hatchet. It is also stated in the F.I.R. that when complainant was removed near the house of Allah Bachayo, Gul Hassan son of Abdullah end Nawaz caught hold of him when Soomar cut his ear. There is a general allegations against other applicants that they caused injuries to complainant by back side of hatchet. As stated above, according to Medical evidence only 5 injuries by blunt substance were found on complainant whereas number of accused who alleged to have caused injuries is more than 5. The case of other accused against whom no specific part is assigned requires further enquiry. I therefore, admit A applicants Sattar, Sher Muhammad, Ramzan, Siddique, Juman, Hussain and Yousif to bail on furnishing one surety each in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the learned Sessions Judge, Thatta. The bail application of Soomar, Allah Bachayo, Nawaz, Gul Hassan son of Abdullah and Gul Hassan son of Nooro having no merits is dismissed.

S.G.D. Order accordingly.

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