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INAYAT ULLAH KHAN versus THE STATE


Criminal Code of Conduct (CR PC) Section 497 Constitutional Code (XLV of 1860), Section 302/148/149 Guarantees No injury has been attributed to the accused, who himself suffered fireworks injuries. One of the questions is, who has committed the aggression so far? Investigations against the accused in bail should be made

1986 P Cr. L J 2630

[Lahore]

Before Ijaz Nisar, J

INAYAT ULLAH KHAN‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 1337/B/1986, decided on 7th June, 1986.

Criminal Procedure Code (V of 1898)

‑‑--‑S. 497‑‑Penal Code (XLV of 1860), S.302/148/149‑‑Bail‑‑No injury attributed to accused who himself had received fire‑arm injuries, one of which grievous in nature‑‑Question as to who committed aggression yet to be probed into‑‑Accused admitted to bail.

Muhammad Asghar Rokhari for Petitioner.

Arshad Hussain for the State.

ORDER

The petitioner alongwith 7 others stands charged with the murder of Amanullah deceased on 15‑10‑1985. The occurrence was sequel to old enmity between the parties.

The petitioner was armed with a gun. He is alleged to have ineffectively fired after Aman Ullah deceased had been hit with the firing of Shafaullah co‑accused. He himself was injured and had received fire‑arm injuries which did not stand explained in the F.I.R. one of the injury was grievous in nature.

2. Learned counsel for the State submits that the said injury was explained in the supplementary statement made by the complainant.

3. Since no injury to the deceased is attributed to the petitioner and he himself is injured, therefore, the question as to who committed aggression is yet to be probed into. Accordingly, I admit the petitioner to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Mianwali.

M. Y. H Bail granted.

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