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NADEEM MASIH ALIAS LUDHAR versus THE STATE


Criminal Code of Conduct (CR PC) Sections 497 (XLV of 1860), Sections 307 and 324/34 Guarantees, the defendant's grant which resulted in a minor injury that resulted in two minor injuries to two weapons, already guaranteed. The accused is in jail for more than 13 months for more than 3 months, the accused was allowed to bail

1986 P Cr. L J 2742 (2)

[Lahore]

Before Sardar Muhammad Dogar, J

NADEEM MASIH alias LUDHAR‑‑Petitioner

Versus

THE STATE Respondent

Criminal Miscellaneous No. 852/B of 1986, decided on 30th April, 1986

Criminal Procedure Code (V

of 1898)

‑‑‑--S. 497‑‑Penal Code (XLV of 1860), Ss. 307 & 324/34‑‑Bail, grant of‑‑Accused causing one simple injury with hatchet‑‑ Co‑accused responsible for causing two simple injuries with blunt weapon, already on bail‑‑Accused aged 13 years‑‑Accused in jail for more than 3 months‑‑Accused was allowed bail in circumstances.

Ch. Muhammad Iqbal for Petitioner.

Sardar Muhammad Khurshid for the State.

ORDER

Petitioner has been arrested in a case registered under section 307/324/34, P.P.C. at Police Station Raiwind, District Kasur.

According to F.I.R. the petitioner armed with a hatchet, accompanied by his co‑accused Saleem armed with a Dang had attacked and caused injuries to Nisar Masih. Two injuries with blunt weapon have been assigned to co‑accused of the petitioner, while the petitioner is stated to have given one blow with the hatchet to the injured P.W All the injuries were declared simple.

Co‑accused of the petitioner has already been granted bail. The petitioner is in jail for slightly more than three months. He is stated to be about 13 years old, according to school leaving certificate, attached with this petition.

Keeping in view the period of detention, the fact he had caused a simple injury, and also taking into account the fact that he is below 16 i.e. about 13 years of age. I think it a fit case for grant of bail. The petitioner shall be released on bail provided he furnishes bail bond in the sum of Rs. ten thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Kasur.

S.A. Bail granted.

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