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Criminal Miscellaneous No. 3000 of 1985, decided on 14th December, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307‑‑Petitioner attributed a Khanjar blow to victim of assault on hip and injury caused thereby declared as simple in nature‑‑Injury having been caused on her vital/non‑vital part of body, petitioner, held, entitled to bail in circumstances.

Ch. Abdul Rashid for Petitioner.

Nur Muhammad Paris for the State.

Date of hearing: 14th December, 1985.

Abid Nasir petitioner has moved this petition for bail in a case registered against him and others under sections 148, 420 and 3071149, P.P.C.

2. Learned counsel for the petitioner submits that offence under section 420, P.P.C. is bailable and on the facts contained in the F.I.R. section 307. P.P.C., is not attracted. Learned counsel for the State does not oppose the prayer for bail.

3. The petitioner and his co‑accused applied for bail in the Sessions Court. Vide, order, dated 30‑I1‑1985 bail was declined to the petitioner on the ground that there was a direct allegation against him that he injured Tariq Javid P.W. with a dagger.

4. The petitioner is alleged to have given a Khanjar blow to Tariq Javid on the left hip. According to the medico‑legal report, the injury was declared simple in nature. It was on a non‑vital part of the body. The learned counsel states that all the co‑accused of the petitioner have already been admitted to bail. In the circumstances, I admit the petitioner to bail in the sum of Rs.10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Lahore City.

S.D.G. Bail allowed.

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