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FAQIR SAIN versus THE STATE


Article 230 of, 4 32 / and 5 earlier parties / 3434 A day ago, a dispute between the children of the parties agreed on the intervention of respectable persons, not to go to the party of the other party to discuss the matter with him and the accused. No village respected for the said contract was held on the charge of collecting respectable gamers charged by the prosecution, they were not presented in the circumstances.

1987 51 L D 1759

[Lahore]

Before Muhammad Rafiq Tarar, J

GHULAM and others--Petitioners

Versus

THE STATE--Respondent

Criminal Miscellaneous No.303/B of 1987, decided on 24th February, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860), Ss.302, 148 & 149--Bail, grant of--The only allegation against the two accused being to have held the complainant--No injury either to deceased or anyone else attributed to them--Two other accused only causing one Sota blow each to witness--Out of two injuries one declared grievous--Grievous injury not specifically attributed to any accused--Bail granted in circumstances.

Anwar Bhaur for Petitioners.

Najam-ul-Hasan Gill for the State.

Date of hearing: 24t,5 February, 1987.

ORDER

Ghulam son of Khan, Pehlwan, Allah Ditta and Muhammad Ramzan son of Amir petitioners have moved this petition for bail in a case registered against them and others under sections 148 and 302/149, PPC.

2. In the occurrence which took place on 9-5-1986 at 9 a.m., Khan deceased was murdered and Muhammad Bakhsh PW suffered injuries. The part attributed to the petitioners was that Ghulam and Ramzan sons of Amir (petitioners) gave sota blows to Muhammad Bakhsh PW. hitting his left hand while Allah Ditta and Pehlwan held the complainant and felled him on the ground.

3. The bail is claimed on the ground that no injury to the deceased has been attributed to the petitioner. The learned State counsel has opposed the prayer for bail.

4. I have gone through, the relevant material. Khan decease suffered two injuries which have been specially, attributed to co-accused Ramzan son of Khan and Rajab who were armed with a Phhora and wooden stick respectively. No injury either to the deceased or anyone else has been attributed to Pehlwan and Allah Ditta petitioners. The only allegation against them is that they held the complainant and felled him to the ground. Ghulam son of Khan and Ramzan son of Amir petitioners are alleged to have caused injuries to Muhammad Bakhsh PW. He had four injuries on his person, out o which one was declared grievous. The grievous injury is not specifically attributed to anyone of them. The allegation in the FIR is that both of them gave sota blows to Muhammad Bakhsh one after the other hitting his left hand. In the circumstances, a case for the grant of bail is made out. Consequently, the petitioners are admitted to bail in the sum of Rs.25,000, each with two sureties in the like amount to the satisfaction of Assistant Commissioner, Jhang.

S.A./G-42/L Bail granted.

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