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Criminal Miscellaneous Nos.1535-B and 1598-B of 1987, decided on 24th May, 1987.
---S. 497--Penal Code (XLV of 1860), S. 326/452/148/149--Bail, grant of--Bail granted to accused by trial Court cancelled by Sessions Court on ground that Magistrate in granting bail had acted in haste--On inquiry it transpired that investigation concluded on following day after bail before arrest petition was dismissed and that three clays thereafter they were allowed bail by Magistrate--Held, since investigation had been concluded, Magistrate, could not be said to , have acted in haste--Bail allowed to accused in circumstances.
A Ch. Ghulam Sarwar for Petitioners
M. Saleem Mitha for the State.
Azeem alias Jeema and eight others are accused of the offences under section 326/452/148/149, p.P.C. The case was registered against them on 8-7-1986 at Police Station Eahi Phairoo. In the cross-case,
Muhammad Ashiq etc. petitioners alongwith two others are accused of the same offences arising out of the same occurrence and the FIR which was made by Ashiq, petitioner, by this order will dispose of both the Petitions Nos. Crl. Misc. 1535-B/87 and Cr1.Misc.1598-B/87.
2. The two' groups of the accused allegedly fought with each other over damage of the crop of Azeem, petitioner. They used blunt weapons and caused number of simple injuries to five persons on each side with a grievous injury to Mst. Majan on the hand, she is the accused in the case FIR No.255/86 and on the other side, Muhammad Hussain suffered a grievous injury on the hand. At one stage some of the petitioners applied for bail before arrest which was dismissed by the Additional Sessions Judge but later on 30-10-1986, they applied for bail after arrest before the trial Court which was allowed to the nine accused of the first,, petition. On an application for cancellation, their bail was cancelled on the ground that the Magistrate in a haste allowed the bail after bail before arrest had been dismissed by the Additional Sessions ns Judge. On inquiry from Abrar Ahmad, SI, it has transpired that the investigation concluded on the following day after the bail before arrest petition had been dismissed and three days thereafter, they were allowed bail in this case by the Magistrate. Since the investigation had concluded, therefore, it cannot 'be said that the Magistrate allowed bail in haste. The fifteen petitioners in both the petitions are allowed bail in the sum of Rs.3,000 each with one surety in the like amount to the satisfaction of- A . C /Duty Magistrate, Chunnian.
M.Y.H/A-162/L Bail granted.
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