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Criminal Miscellaneous No.1155‑B of 1986, decided on 7th May, 1986.
‑‑‑S.497‑‑Injuries sustained by petitioner not explained by prosecution and question as to which party committed aggression yet to be determined, held, was a case of further inquiry‑‑Bail allowed.
Liaqat Ali Sindhu for Petitioner.
Azmat Dad Khan for the State.
Date of hearing: 7th May, 1986.
The petitioner alongwith two others stands charged with murderously assaulting Ahmad Ali and Mst. Said Nur P.Ws. with a hatchet and stick. The petitioner is said to have caused a hatchet injury on the head of Ahmad Ali P.W. He had been admitted to bail by the trial Magistrate but later the learned Additional Sessions Judge, Gujranwala cancelled his bail.
2. It is stated that the complainant party had committed the aggression by causing as many as 5 injuries to the petitioner with sharp and blunt weapons out of which one injury was grievous with the dimension of 3 c.m. x 1 c.m. cutting right pinna in the middle into two parts dividing the cartilage to the base. This injury was grievous in nature. He states that there is absolutely no explanation at all of these injuries and it supports the petitioner's plea. He states that he had got the case registered under section 326/34, the police against Ahmad Ali and others which for mala fide reasons the police has not properly investigated. As there is no explanation of the injury attributed to Muhammad Aslam petitioner, it appears to be a case of further inquiry as to which of the two parties is guilty of aggression. Accordingly, I admit him to bail in the sum of Ra.20,000 with two sureties in like amount to the satisfaction of A.C., Gujranwala.
S. G. D. Bail allowed.
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