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Criminal Miscellaneous No. 2140-B of 1986, decided on 6th August, 1986.
---S. 497--Penal Code (XLV of 1860), S. 325/34--Bail, grant of--Accused admittedly empty-handed causing injury with head and fists Complainant meeting them just by chance--Plea that complainant received injury by falling on ground--Case against accused, held, was of further inquiry- Bail allowed in circumstances.
Sardar Muhamma Akram and Rana Muhammad Bashir for Petitioner.
Sh. Abdul Jabbar for the State.
This is a petition for bail on behalf of Abdur Rashid, Muhammad Sarwar and Muhammad Latif who are being prosecuted in a case under section 325/34, P.P.C. It is alleged in the F.I.R. that on 22-4-1986, Nadeem Aslam complainant was coming out of the Police Post, District Courts. When he reached the crossing, suddenly Abdur Rashid, Sarwar and Latif accused came there on two motor-cycles. They got down. They caught hold of Nadeem Aslam complainant. He tried to put up resistence. Muhammad Sarwar accused caught hold of him while Muhammad Latif accused gave blow with his head on the nose of Nadeem P.W. who fell unconscious. Abdur Rashid gave him fist blows. Many people assembled at the spot and rescued him from the accused. Muhammad Hanif P.W. also witnessed the occurrence. A sum of Rs.120 fell out of the pocket of the complainant during this occurrence. He was taken to hospital for treatment and examination. The matter was reported to the police on that very day who formally registered the case on 15-5-1986 after the injury on nose was declared grievous. The three accused were arrested. They did not succeed in their plea for bail before the learned Additional Sessions Judge, Lahore. Hence this petition.
2. I have heard the learned counsel for the petitioners and the State.
The accused were empty-handed at the time of occurrence. Even according to the F.I.R., they met the complainant per chance. It is contended on behalf of the petitioner that in fact Nadeem complainant fell and received injury on his nose. I have considered the contentions and have also perused the record. The case against the petitioner is that of further inquiry. They are admitted to bail on their furnishing of bail bonds in the sum of Rs.5,000 (Rupees five thousand) with ones surety in the like amount to the satisfaction of A . C . /Duty Magistrate, Lahore.
S. A./762/L Bail allowed.
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