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Criminal Miscellaneous No. 875‑B of 1985, decided on 17th September, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307‑‑Bail, grant of‑‑Fire‑arm injury allegedly caused on thigh, a non‑vital part of body and that too declared as simple‑‑During investigation of a D.S.P., petitioner also found innocent‑‑Case that of further inquiry, in circumstances‑ Petitioner allowed bail.
M.R. Khalid for Petitioner.
Nasim Rashid for the State.
Date of hearing: 17th September, 1985.
This is a petition for bail on behalf of Muhammad Wasim, an accused under section 307/34, P.P.C. alongwith Muhammad Aslam and Hafiz Saeed (both on bail) in a case registered vide F.I.R., dated 26‑4‑1985. It is alleged that Raja Abdul Manan was being prosecuted in the theft case and Safdar Ghani complainant and his brother Akhtar Ghani were witnesses against him. Muhammad Wasim petitioner and his relatives wanted them to resile from their statements in Court to which they did not agree. It is alleged that on 26‑4‑1985 at about 1‑00 a.m. (about midnight) Safdar Ghani P.W. alongwith his brother Akhtar Ghani and Muhammad Yousaf was present near Primary Girls School Karhi Dawood Khan, Multan. Muhammad Wasim, Muhammad Aslam and Hafiz Saeed came there and asked them to resile from their statement in Court. The complainant party did not agree. At this on the exortion of Saeed accused, Wasim petitioner took out pistol from the fold of his Shalwar and fired at Akhtar Ghani who was hit on right thigh. The petitioner was arrested. Hence this petition.
2. I have heard the learned counsel for petitioner as well as the counsel for the State and have also perused the record.
3. The injury on the person of Akhtar Ghani is on Thigh which is not a vital part of the body. This injury has been declared simple. The Police diary indicate that the D.S.P. after recording statements many persons of the locality of the place of occurrence found Muhammad Wasim petitioner innocent. I, therefore, find his case that of further enquiry and allow him bail on, his furnishing bail bonds in the sum of Rs.10,000 (Rs. ten thousand only) with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Multan.
S.G.D. Bail allowed.
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