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Criminal Miscellaneous No.1411-B of 1987, decided nn 18th May, 1987.
---S.497--Penal Code (XLV of. 1860), Ss.307/148/149---Bail, grant of co-accused released on bail--Accused attributed solitary injury on nose of a prosecution witness with a blunt weapon--Bail granted.
Rana Abdul Majid for Petitioner.
Muhammad Mansha for Respondent.
Date of hearing: 18th May, 1987.
This is a petition under section 498 Cr.P. C. by Alam Sher, petitioner, for bail in respect of case instituted against him and nine others under section 307/148/149 PPC at Police Station Wanbachran on 29-1-1987.
2. The prosecution case in brief is that on 29-1-1987; at 5.00 a.m. Alam Sher, petitioner, armed with a knife, Nazir and- Ahmad Sher, co-accused, armed with kulharis, and Akbar, Muhammad Amir, Falak Sher and Muhammad Yar, co-accused, armed with dandas, assaulted and injured Atta Muhammad and Dost Muhammad PWs. Sultan son of Fateh Khan, Allah Yar and Sultan Ahmad son of Muhammad, co-accused, were also alleged to be present when the assault was launched, but they were stated to be empty handed.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the police file. Muhammad Amir, Falak Sher, Allah Yar and Sultan Ahmad, co-accused, have been found innocent by the police and their names have been placed in column No.2 of the challan. All the other accused, excepting Alam Sher, petitioner, have been released on bail. Though Alam Sher, petitioner, is alleged to have inflicted an injury on the nose of Atta Muhammad with his knife, the solitary injury on the nose of the said witness appears to be blunt weapon injury. In these circumstances, the petitioner is entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Alam Sher, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees Ten Thousand (Rs.10,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.
M.Y.H./A-188/L Bail granted.
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