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Criminal Miscellaneous No. 483-B of 1987/BWP, decided on 20th April, 1987.
---S.497--Penal Code (XLV of 1860), S.307/326/34--Bail, grant of- Accused stated to be an old man of seventy years, weak and infirm and suffering from disease of hemiplegi--Co-accused kept standing with a pistol and did not fire at all--Both accused and co-accused granted bail.
Qaiser Mahmood Shafi for Petitioner.
Aun Muhammad Rizvi for the State.
The petitioners have been arrested under section 307/326/34, P.P.C. They have petitioned for being released on bail.
2. According to the F.I.R., the petitioner asked .4bdullah Khan, the complainant, to go to village Sheikh Abdul Sattar as they were to recover money from Nathoo. The complainant accompanied them. When they reached near a sugar-cane field in the area of village Pir Bakhsh Khori, both Ghulam Hussain and Faqiru took out their knives and said to him that they would teach him a lesson for their being dishonoured by the police at the instance of the complainant by restraining them from committing thefts from the sugar-cane field. Farooq and Manzoor son of Gul Muhammad also emerged. Farooq had a pistol who stood nearby and Manzoor Ahmad felled the complainant on the ground and Ghulam Hussain and Faqiru both slashed his nose and lips.
3. The role given to Farooq is that he kept standing there with a pistol. Heinous role has been ascribed to Ghulam Hussain who cut the nose of the complainant, who is a councillor.
4. The bail petition of Ghulam Hussain has been urged on medical ground. He is stated to be an old man of 70 years and is weak and infirm. He is suffering from the disease of hemiplegi. Farooq did not B fire at all on the spot and the petitioner Ghulam Hussain is old and infirm. 1, therefore, release both the petitioners on bail in the sum of Rs. 5,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate Khanpur till the disposal of the case against them.
M.Y.H./G-66/L ----- Bail granted.
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