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RAHIM BAKHSH versus THE STATE


Before the arrest of Section 497/498 of the Criminal Procedure Code (CRPC), the accused was charged with simple injury to Sota but he was also injured but his injury was done through the prosecution's complaint. Suppressed, police allegedly granted Ed interim bail, confirmed

1986 P Cr. L J 827

[Lahore]

Before Muhammad Sharif, J

RAHIM BAKHSH‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 621/B of 1985, decided on 25th June, 1985

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

‑‑‑S. 497/498‑‑Pre‑arrest bail‑‑Simple injuries with Sota having been attributed to accused‑‑Accused party also injured but their injuries having been suppressed by prosecution‑‑Complainant's connivance wit1R police alleged‑‑Ad interim bail, already granted, therefore, confirmed.

Sultan Ahmad for Petitioner.

Kunwar Muhammad Younus for the State.

ORDER

The petitioner was granted pre‑arrest bail by this Court on 18‑6‑1985. Simple injuries have been attributed to Rahim Bakhsh which he is alleged to have delivered by a Sots to the complainant. In this case the accused party was also injured, but there is no mention of their injuries in the F.I. R. The incident took place when Muhammad Shafi, the son of the petitioner while riding a mare peeped into the; house where Mst. Faizan was taking bath at that time. He was restrained from doing so and Mst. Faizan hurled invectives on Muhammad Shafi.

2. It has been contended on behalf of the complainant that mala fides and ulrerior motive have not been alleged in this petition. The perusal of this petition indicates that in para. 5 ground of this petition connivance of the complainant with the police has been alleged. In the circumstances, I confirm the bail already allowed to the petitioner till the disposal of the case against him.

S.A. Petition accepted.

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