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Criminal Miscellaneous No 955/B of 1986, decided on 20th November, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307, 326 & 452/34‑‑Bail, grant of‑‑Murderous assault‑‑Accused admittedly empty‑handed at time of occurrence‑‑Injured witness exonerating accused in his statement under S. 164, Cr.P. C. and stating, case registered due to misunderstanding‑‑Accused granted bail in circumstances.

Altaf Ibrahim Qureshi for Petitioner

Iftikhar Fakhar, for the State.

Muhammad Hussain, father‑in‑law of Nazir Ahmad injured witness lodged report at Police Station Jalalpur Pirwala against Shamir and Fida Hussain petitioners besides Ghulam Farid and Mehr Ali on the allegations that they made murderous assault on aforesaid Nazir Ahmad when he was sleeping near his cattle‑pen on the night between 10/11th July, 1986. The occurrence was allegedly witnessed by Ghaus Bakhsh and Muhammad Amin besides the complainant. The petitioners were arrested on 22‑7‑1986. The petitioners applied for the grant of bail in the lower Court but remained unsuccessful, hence, this application.

2. I have heard the learned counsel for the petitioners as well for the State and also perused the record.

3. Admittedly, the petitioners were empty‑handed at the time of occurrence, therefore, no injury has been attributed to them. The injured witness namely Nazir Ahmad has stated before the Magistrate in his statement recorded under section 164, Cr.P.C. that the case against the petitioners was got registered due to misunderstanding. He does not implicate the petitioners as his assailants. In the circumstances, this petition is allowed. He is directed to be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Multan.

S.A./G‑10/L Bail granted.

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