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1983 SCMR 1288

ABDUL SATTAR AND Others vs The STATE

Citation1983 SCMR 1288
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No. 136 of 1983
Date1983-04-12
Judge(s)Mian Burhanuddin Khan, Aslam Riaz Hussain
ResultOrder accordingly

ORDER

MIAN BURHANUDDIN KHAN, J.-Petitioners were charged by the complainant Muhammad Mushtaq under section 307/325 read with sec--petition i48/149, P. P. C. On the allegation that they, while armed with guns, kulharis, hatchets and dangs attacked and caused injuries to the complainant side. Petitioners applied for bail before arrest in the Court of Sessions which was rejected vide order, dated 29-3-1983. They then moved Criminal Miscellaneous 1-B-1983 for bail which was also rejected by a learned Single Judge of. The Lahore High Court vide the impugned order dated 3-4- 1983.

2. Learned counsel for. The petitioners contended that in the F. I. R. Lodged by the complainant Muhammad Mushtaq 12 persons were charged out of whom Abdul Sattar and Muhammad Ajmal were allegedly armed with single barrel and double barrel guns respectively while the rest of the accused/petitioners having armed themselves with hatchets and sticks, an caused injuries to Muhammad Hanif uncle of the complainant and Abdul Sattar fired at Ejaz, brother of the complainant but the medical evidence placed on the record shows that no gun shot injury was sustained by Hanif and Ejaz; P. Ws. Similarly, the other petitioners have been charged for giving hatchet blows to some of the witnesses but this fact is also not supported by the medical evidence as no sharp-edged weapon injury is found on the witnesses. We have considered the contentions raised by the learned counsel and would admit only Abdul Sattar and Muhammad Ajmal to bail in the sung of Rs. 5,000 (rupees five thousand only) and with two sureties for the like amount to the satisfaction of the Ilaqa Magistrate, Khanqa Dogran, District Sheikhupura. The case of the rest of the accused/petitioners is not fit for the grant of bail and is accordingly rejected.

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