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Criminal Bail Application No.1054 of 1980, decided on 16th November, 1980.
‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss. 307 & 324‑‑Bail, grant of‑ Injuries on person of injured, simple in nature‑‑Enmity admitted between parties‑‑Incident over without intervention from any one‑‑Case, held, required further inquiry‑‑Bail granted in circumstances.
Qurban Ali H. Chohan for Applicant.
A . A . Mohammadally, Asstt . A.‑G. for the State.
The allegations against the applicant are that he inflicted knife blows on person of one Muhammad Bakhsh on 11‑10‑1980. Such F.I.R. was lodged on the same day by Qadir Bakhsh at Police Station, Latifabad of Hyderabad. The police after usual investigation sent up the applicant to stand trial under sections 307 and 324, P.P.C.
The application for bail was moved before the learned First Additional Sessions Judge, Hyderabad, who by his order dated 3‑11‑1980, dismissed it.
The learned counsel for the applicant contends that injuries on person of the applicant are simple and the incident was over without any intervention from anybody. It shows that the applicant had no intention to commit murder and application of section 307, P.P.C., under the circumstances is premature at this stage. The applicant's case, therefore, requires further inquiry as contemplated under section 497(2), Cr.P.C.
The counsel for the State concedes to grant of bail in view of the above circumstances of the case.
I have heard the learned counsel for the applicant as well as State. The injuries on person of the injured Muhammad Bakhsh are undoubtedly simple. There being admitted enmity coupled with the fact that the incident was over without intervention from any one would be a circumstance for further inquiry as contemplated by section 497 (2), Cr.P.C. Therefore, without going into the merits of the case, I grant, bail to the applicant. He shall be released on his furnishing solvent surety in the sum of Rs.10,000 and P.R. bond, in the like amount toy the satisfaction of the First Additional Sessions Judge, Hyderabad.
S. A. /G‑3/K Bail granted.
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