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Criminal Miscellaneous No.3135/B of 1986, decided on 26th November, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 325/34‑‑Bail, grant of All injuries except one on person of injured found simple‑‑Grievous injury on left hand‑‑Bail in offence under S.325, P.P.C., held, should not be withheld in absence of any strong reasons justifying refusal of bail‑‑Bail granted in circumstances.
Mansha Khan and 2 others v. The State 1977 S C M R449 ref.
Mehr Ghulam Ali Mubashar for Petitioner.
Ishfaq Bukhari for the State.
This is a petition under section 497/498, Cr.P.C. by Ahmad, petitioner, for bail in respect of a case instituted against him and three others under section 325/34, P.P.C. at Police Station Kot Momin, District Sargodha on 25‑9‑1986.
2. The prosecution case in brief is that on 23‑9‑1986 at about 2 p.m. Ahmad, petitioner, alongwith Aslam, Akram and Muhammad Yar, co‑accused, all armed with Sotas, assaulted Umar Hayat, injured P.W., who sustained nine contusions, of which one was multiple, and two abrasions. One of the contusions which was on the back of the left hand was found to be grievous.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the police record. All the injuries to Umar Hayat, injured P. W. , are simple, except one on the' left hand, which has been found to be grievous. According to the principle laid down by the Supreme Court in Mansha Khan and 2 others V. The State 1977 S C M R 449 in the absence of any strong reasons justifying refusal of bail, the same should not be withheld in cases under section 325/34 P.P.C. In this view of the matter, the petitioner is entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Ahmad, 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 trial Magistrate, Bhalwal, District Sargodha.
S.A./A‑14/L Bail granted.
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