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Criminal Bail Application No. 204 of 1984, decided on 11th March, 1984.
---S. 497--Penal Code (XLV of 1860), Ss. 307, 326 & 324--Bail--l irst information report disclosing a sudden quarrel and fight between parties and not attributing any injury to accused except that he caught hold of injured--Injury received by injured not stated to be grievous and question whether offence falling under section 307 or 326 or 324, Penal Code, requiring further inquiry at stage of trial--Bail granted.
M. Rafiq Khanzada for Applicant.
M.I. Memon, A.A.-G. for the State.
The learned Advocate for the applicant submitted, that no injuries are attributed to the present applicant and so far there is nothing on record to show, that injury alleged to have been caused by the co-accused is in fact a grievous injury. The learned counsel further submitted, that the F.I.R. discloses a sudden fight between the parties and as such the question of applicability of section 34, P.P.C., would require further inquiry, at the stage of trial.
The learned Additional A.-G. appearing for the State submitted that he was not opposing the above application in view of the above factual position on record.
I have carefully considered the above submissions made by the learned Advocates before me and have gone through the F.I.R. in question.
The F.I.R. discloses a sudden quarrel and fight between the parties over the mini bus purchased in sale, and the F.I.R. does not attribute any injury to the present applicant except that he caught hold of the injured. In addition to this there is nothing on record to show, at present, that the injury received by the injured was a grievous injury and consequently the offence if any committed by the applicant and other assailants fails under section 307 or 326 or 324, 1 P.P.C., would also require, further inquiry at the stage of trial.
Therefore, I allow the above application and direct that the applicant be released on bail on his furnishing surety in the sum of B Rs.50,000 with P.R. bond in the like amount, to the satisfaction of the learned Asstt. Sessions Judge, No. XVIII, Karachi.
Any observations made by me in respect of the merits of the case are tentative and as such shall not be binding on the learned trial Court
M. Y. H. Bail granted.
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