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MUHAMMAD SHAFIQ versus THE STATE


Charged with Section 497 Criminal Procedure (XLV of 1860), Section 307 134 Bail, accused of grant

1996 P Cr. L J 2318 (1)

[Karachi]

Before Munawar Ali Khan, J

MUHAMMAD SHAFIQ Applicant

Versus

THE STATE Respondent

Criminal Bail Application No. 289 of 1986, decided on 10th March, 1986.

Criminal Procedure Code (V of 1898)‑ ---

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.307.134‑‑Bail, grant of Accused alleged to have held victim‑‑No injury assigned to accused‑‑Bail was granted in circumstances.

Raja Muhammad Aslam Kiyani for Applicant.

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

ORDER

The applicant Muhammad Shafiq and co‑accused Nafees Gul have been challaned under section 307134, P.P.C. The co‑accused is still at large. The prosecution case is that applicant caught hold of the complainant Khursheed whereas co‑accused Nafees Gul inflicted two knife injuries to him on his chest. The contention of learner: counsel for the applicant is that the injuries have not been attributed to the applicant and the only role assigned to him is of having seized the complainant. There are many authorities including those of Supreme Court on the point that if the accused is alleged to have only held the victim at the time of injuries being caused to him by other co‑accused, he has invariably been granted bail The learned Additional Advocate‑General has no objection to grant of bail.

For above reasons, bail is granted to the applicant in the sum of Rs.30,000 (Rupees Thirty Thousand only) and P.R. of the same amount to the satisfaction of trial Court.

S.A. Bail granted.

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