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Criminal Miscellaneous No‑ 1271/B of 1984, decided on 3rd June, 1984.

-----S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail‑‑Accused empty handed Only 'Japha' attributed to him and accused causing no injury to deceased‑‑Ball mowed.

Ch.‑Muhammad Hussain Chhachhar for Petitioner.

Faiz‑ur‑Rehman for the State.

Date of hearing: 3rd June, 1984.

Fazal petitioner alongwith two others stand charged with the of Nawab deceased on 23‑3‑1984 with a hatchet.

2. Bail is urged on the ground that the petitioner was empty‑handed with no allegation of causing any injury to the deceased and is merely alleged to have held the deceased in Japha, while his co‑accused Abdul Satter caused two hatchet blows to the deceased which proved fatal. It is further stated that Abdul Sattar is also injured with no explanation of his injuries. Most probably there was a brawl between Abdul Sattar and the deceased in which both injured each other, it is added. Learned counsel for the petitioner has cited a number. of precedents where bail was granted to the accused who had not caused injuries to the deceased but merely held him in. Japha.

Keeping in view the above circumstances. I allow bail to the petitioner in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of A. C. , Okara.

S.A. Bail allowed.

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