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Criminal Miscellaneous No. 3511/B of 1986, decided on 13th January, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 325/34‑‑Bail, grant of‑‑Motive, being suspicion of stealing cement by petitioner, complainant allegedly lodged a report with police‑‑No case found to have been lodged with police‑‑Out of four blunt weapon injuries, one on shoulder found to be grievous‑‑Grievous injury not specifically attributed to any of accused‑ Eye‑witnesses swearing affidavits of having no knowledge of occurrence‑ ‑ Offence not falling under prohibitory clause‑‑Bail granted in circumstances.
Sh. Naweed Shahryar for Petitioners.
Mirza Aurangzeb for the State.
Date of hearing: 14th January, 1987.
Shabbir Shah, Shafqat Shah and Abid Shah petitioners have moved this petition for bail in a case registered against them under section 325/34, P.P.C.
2. The prosecution version is that on 19‑9‑1986 at 8 a.m. the petitioners gave Danda blows to Muhammad Yaqub complainant causing injuries on his head, right shoulder and left knee. The occurrence was witnessed by Muhammad Ayub and Muhammad Khan P.Ws. The motive alleged in the F.I.R. was that the complainant had a suspicion that the petitioners had stolen his cement and he had lodged a report at the police station.
3. Learned counsel for the petitioners contends that the motive alleged in the F.I.R. is false and no report had ever been lodged in respect of any theft against the petitioners. He further submits that the grievous .injury has not specifically been attributed to any of the petitioners; both the alleged eye‑witnesses have sworn affidavits that they had not seen the occurrence and that the offence does not fall within the prohibitory clause. The learned State counsel has opposed the prayer for bail.
4. I have gone through the relevant material. On inquiry, the A.S.I. states that no case has been registered against the petitioners at Police Station Kunjah at the instance of Muhammad Yaqub complainant regarding the theft of cement. The medico‑legal report of Muhammad Yaqub complainant shows that he had four injuries out of which injury No. 2 on the shoulder was declared grievous. This injury is not specifically attributed to any of the petitioners. Muhammad Ayub and Muhammad Khan P.Ws. have sworn affidavits that they have no knowledge about the occurrence. The offence under section 325, P.P.C. does not fall within the prohibitory clause. I, therefore, admit the petitioners to bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Gujrat.
S.A./S‑26/L Bail allowed.
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