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Criminal Bail. Application No. 293 and Miscellaneous Applications Nos. 346 and 512 of 1986, decided on 27th May, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.326‑‑Bail, grant of‑‑Applicant allegedly inflicting a single injury with a hatchet on knee of witness‑ Parties closely related and having some family dispute‑‑Case, held, one of further inquiry, in circumstances‑‑Applicant allowed bail.
1985 P Cr. L J 1 ref.
Abdul Hamid Dogar for Applicant.
Zawwar Hussain Jafferi, A.A. ‑G. for the State
1. Granted.
2. Granted subject to all just exceptions.
3. The prosecution story in brief is that on 8‑2‑1986, at 1‑00 a.m. the complainant had gone to the land to supervise watering of the land when he was attacked by the present applicant and two co‑accused. Applicant is alleged to have inflicted injury upon his knee with hatchet, which was subsequently found to be grievous by the medical officer. Such F.I.R. was registered on the same day at 7‑30 a.m.
Main contention of the learned counsel is, that there is previous enmity between the parties and further there is only one injury on non‑vital part of the body of complainant and also that the case is being tired by First Class Magistrate who can award maximum punishment of three years. In support he has relied upon 1985 P Cr. L J 1, wherein a learned Single Judge of Lahore High Court held where the petition had inflicted only one injury on the non‑vital part of body of injured and did not cause any other injury and that case was being tried by Section 30 Magistrate, who can award maximum punishment of 7 years plus fine, the case of accused was not covered by prohibitory clause, of section 497, Cr.P.C.
The F.I.R. discloses, that the applicant is nephew .of the complainant and there appears to be some, family dispute. Under the circumstances it is a case for further inquiry and applicant is ordered to be released on bail in the sum of Rs.50,000 and P.R. in the like amount to the satisfaction of trial Court.
M.Y.H. Bail allowed.
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