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Criminal Miscellaneous No. 1864/B of 1987, decided on 29th June, 1987.
---S.497--Penal Code (XLV of 1860), Ss.307, 325, 336, 148 & 149--Bail, grant of--Both parties injured--Cross-case against complainant party, cancelled--Complaint pending--Only grievous injury on person of complainant attributed to co-accused--Accused in jail for last three months-Accused sharing common intention with co-accused requiring further inquiry--Bail granted in circumstances.
Syed Aftab Sherazi for Petitioners.
M.D. Chaudhry for the State.
Manzoor and his son Muhammad Anwar petitioners alongwith Boota, Papu, Arshad and Javed were reported against at police station 'D' Division Okara, by Fazal Din alleging that all of them while armed with hockey sticks had assaulted Irshad at his shop in Okara Town on 16-2-1987, and injured him. Muhammad Latif and Fazal Din when advanced to rescue Irshad, they were also belaboured by the petitioners and their co-accused. Irshad suffered 14 injuries including a grievous hurt involving fracture of his calf while Muhammad Latif and Bazal Din had received 6 and 3 injuries, respectively. All these injuries excepting the aforementioned grievous hurt, found on the person of Irshad, were simple in nature. A case under sections 148 and 307/149, P.P. C. was registered, the same day. During the investigation, Arshad and Javid were found innocent. They have since been allowed bail, but the petitioners were declined the same relief by the lower Court, hence this application.
2. I have heard learned counsel for the petitioners as well as for the State and perused the record.
3. It is contended that Muhammad Anwar petitioner had gone to the shop of Irshad to realise his wages. An argument was exchanged between them which developed into a brawl and in that both the parties were injured. Muhammad Anwar petitioner received two injuries caused with sharp-edged weapon. A cross-case was thus registered at the instance of Boota, brother of Muhammad Anwar petitioner against Irshad, Fazal Din and Muhammad Latif, the injured witnesses, in the instant case. A.S.I . Miran Bakhsh, who is present with record, states that the cross-case of Boota has since been cancelled. Learned counsel for the petitioners submits that a private complaint has since been filed wherein evidence has been led. It is however, admitted that the only grievous injury found on the person of Irshad, has been specifically attributed to Boota, co-accused of the petitioners. The petitioners are in jail for the last three months. Having considered the facts and circumstances of the case I am of the view that it requires further enquiry as to whether or not the petitioners shared the common intention with Boota co-accused who caused grievous hurt, therefore, I feel inclined to allow this petition. The petitioners are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Okara .
S.A. /M-273/L
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