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Criminal Miscellaneous No. 3039-B of 1985, decided on 23rd December, 1985.

--S. 497--Penal Code (XLV of 1860), Ss. 325 & 326/34--Bail, grant of--Accused alongwith others allegedly causing injuries with Sota--Injury attributed to accused, declared grievous--Accused in jail for about four months--Allegations in F.I.R. disclosed offence falling under S.325, P.P.C. not covered by prohibitory clause of 5.497, Cr.P.C.--Bail granted in circumstances.

Hassan Ahmad Khan Kanwar for Petitioner.

M. Naseem Iqbal for the State.

Badar Munir petitioner has moved this petition for bail in a case registered against him under section 325/34, P.P.C. During the investigation, section 326/34, P.P.C. was added substituted.

The F.I.R. version is that on 15-8-1985 the petitioner and his co-accused Muhammad Hayat and Muhammad Sher caused injuries to Nur Muhammad with 'Sotas.

The medical examination of Nur Muhammad revealed ten injuries, out of which injury No. 9 on the left leg attributed to the petitioner, was declared grievous.

2. I have heard the learned counsel for the parties. The petitioner was arrested -on 24-8-1985. The allegations contained in the F.I.R. disclose an offence under section 325, P.P.C. which does not fall within the prohibitory clause of section 497, Cr.P.C. I, therefore, admit the petitioner to bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Okara.

S. A./771/L Bail allowed.

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