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Criminal Miscellaneous No. 89/13 of 1987, decided on 10th March, 1987.
‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/34‑‑Bail, grant of‑‑Out of two injuries attributed to accused, one found grievous and other simple‑ One co‑accused already on bail and other serving in army‑‑No previous enmity between parties‑‑Occurrence, a sudden flare up‑‑Accused behind bars for about 5 months‑‑Challan not yet submitted in Court‑Counter‑complaint pending‑‑Bail granted in circumstances.
Malik Rab Nawaz Noon for Petitioner.
Muhammad Nawaz Abbasi A.A.‑G. for the State.
This is an application for post arrest bail on behalf of Ibadat in a case under section 307/34 registered against him and two others at Police Station Kotli Sattian,Tehsil Murree, District Rawalpindi on 7th of May, 1986 for committing murderous assault on Muhammad Azam.
2. The prosecution case briefly is that on 6th of May, 1986 at about Degerwela, the petitioner armed with a hatchet and his two co‑accused namely Muhammad Yasin and Atiq Ahmad carrying a hatchet and a Soti, respectively assaulted Muhammad Azam and the petitioner and his co -accused with their weapons caused him injuries.
3. Two injuries were ascribed to the petitioner, one of which was declared as simple and the other as grievous. Out of the two co‑accused one namely Muhammad Yasin has already been released on bail by the learned Additional Sessions Judge, Rawalpindi. Atiq Ahmad, the remaining co‑accused, is reported to be serving in the Armed Forces.
4. The bail of the petitioner is sought on the grounds that there was no deep enmity between the parties, the occurrence flared up suddenly and in spite of the fact that the petitioner is in jail since 20th of October, 1986, the challan of the case has not been submitted in the Court.
5. It is further stated that actually the complainant party was the aggressor and a complaint in respect thereof is already pending in the Court of Judicial Magistrate, Rawalpindi.
6. The above grounds undoubtedly justify the release of the petitioner on bail. Therefore, this application is allowed and the petitioner is admitted to bail in the sum of Rs.10,000 (Ten thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Rawalpindi.
S.A./I‑21/L Bail granted.
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