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Criminal Miscellaneous No.571-B of 1986, decided on 3rd January, 1987.
---S. 497--Penal Code (XLV of 1860), S. 307/34--Bail, grant of Sudden occurrence result of quarrel over small matter--All injuries on persons of witnesses, by blunt weapons and simple except one--Accused causing injuries with hatchet--Medical evidence contradicting ocular account regarding weapon used by accused--Ball granted in circumstances.
Malik Rab Nawaz Noon for Petitioner.
Muhammad Nawaz Abbasi A . A .G for the State.
This is a petition under section 497/498, Cr.P.C. by Muhammad Iqbal, petitioner for bail in respect of a case instituted against him and two others under section 307/34, P.P.C. at Police Station Banni, Rawalpindi, on 7-10-1986.
2. The prosecution case in brief is that on 7-10-1986 at about 9-30 p.m. when Jacob Masih, complainant, was going to his house in Mohallah Raja Sultan and reached near Saddiquia Kiryana Store, Muhammad Iqbal, petitioner, and Ghulam Murtaza and Ghulam Nabi, -co-accused, were hurling abuses on the Christian community in general. Jacob Masih, complainant, asked them to desist from doing so, whereupon Ghulam Murtaza, co-accused, proceeded to his house and brought out a spade and inflicted a blow on the head of the complainant after Muhammad Iqbal, petitioner, and ' Ghulam Nabi, co-accused, had held the complainant. As a result of the blow, blood started coming out of the injury on the head of the complainant. The people at the spot intervened and separated the parties. Jacob Masih, complainant, then went to his house. On seeing him bleeding, his cousin Amjad Pervaiz Maeih P.W., James Masih and Javaid Masih P.Ws., together with the complainant, proceeded to the house of Ghulam Nabi, co-accused, to find out from the accused party the reason why the complainant had been injured.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the record. All the injuries on the four prosecution witnesses have been found to be by bluni weapon. All the injuries on all the four witnesses are simple, excepting one on the head of Amjad Pervaiz Masih P.W- which has been found to be grievous this injury has been declared to have been caused by blunt weapon. The assertion of the learned counsel for the petitioner that the incident was sudden and the result of some verbal quarrel and not over any serious matter which would have prompted the accuse to make a murderous assault on the prosecution witnesses, is not without substance. In view of the conflict between medical testimony and the ocular account as regards the weapon alleged to have been used by Muhammad Iqbal, petitioner, the said petitioner has made out a case for his release on bail.
4. For the foregoing reasons, this petition is accepted and Muhammad Iqbal, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees twenty thousand (Rs.20,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, City, Rawalpindi.
S . A . Bail allowed.
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