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Criminal Miscellaneous No. 859/B of 1986, decided on 16th April, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 325 & 326‑‑Bail, grant of‑‑All co‑accused already released on bail while petitioner in custody for about 5 months‑‑Injury attributed to petitioner on leg a non‑vital part of body‑‑Injured also discharged from hospital in about a fortnight time‑‑Petitioner allowed bail, in circumstances.

Jawahar A. Naqvi for Petitioner.

Farrukh Hamayun for the State.

Shaukat Ali alias Shauka petitioner has moved this petition for bail in case registered against him and three others under sections 325 hand 326/34.of the P.P.C.

2. The prosecution version is that on 15‑11‑1985 at 2/3.00 p.m. Shaukat petitioner and co‑accused Ashraf armed with Lathis, co‑accused Irshad with Takwa and Yaqoob empty handed confronted Nazir Ahmad injured when he was present at the canal bank. Co‑accused Yaqoob raised a Lalkara that Nazir Ahmad should not be spared upon which co‑accused Irshad gave him a Takwa blow on the head as a result of which he fell down and then the petitioner gave him a Lathi blow on his left shin causing fracture of the leg while co‑accused Ashraf gave a Lathi blow on his left arm. The occurrence was witnessed by Abdur Rehman, Abdullah and Muhammad Anwar.

3. Learned counsel for the petitioners contends that there is an unexplained delay of 28 hours in lodging the F.I.R. , the injury attributed to the petitioner was on non‑vital part, there were only three injuries on Nazir Ahmad for which four persons have been implicated and in view of the background on previous enmity possibility of false implication is there. He further submits that all the co‑accused including Irshad who is alleged to have given Takwa blow on the head, have already been released on bail.

4. The learned State counsel has opposed the prayer for bail. He submits that the petitioner is named in the F.I.R. and a specific role has been attributed to him, therefore, no ground for bail is made out.

5. I have gone through the relevant material. The medico‑legal report shows that Nazir. Ahmad P.W. had three injuries on his person. Injury No.2 which was on left arm was caused by sharp‑edged weapon and the rest with blunt weapon. The injury attributed to the petitioner was on leg which is not a vital part of the body. A certificate placed 1A on the file shows that Nazir Ahmad injured was discharged from the hospital on 5‑12‑1985. It is admitted that all the co‑accused of the petitioner have already been released on bail. The petitioner was arrested on 20‑11‑1985 and is in Jail since then. In the circumstances, a case for his enlargement is made out. I, therefore, admit him to bail in the sum of Rs.10,000 (Rs. Ten Thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner, Kasur.

S.G.D. Bail granted.

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