This is an application for bail on behalf of Muhammad Afsar in a case under section 307/34, P.P.C.
Registered at Police Station Leiah vide F. I. R. No. 143 dated 15th June, 1981.
2. The prosecution case is that the petitioner and his co-accused, namely, Zahid, in furtherance of their common intention launched a murderous assault upon Ihsanullah on 14tV June, 1981 at 8 P.M.
In the bazar of Leiah.
It appears that both sides received injuries. On the side of the prosecution Ihsanullah received three injuries out of which the grievous injury caused with loor has been attributed to the petitioner and the same has been declared dangerous to life. The medico-legal report dated 15th June, 1981 shows that the petitioner received as many as five injuries all simple in nature, one caused with sharp-edged weapon while the rest with blunt.
It is admitted by the learned counsel for the State that the petitioner, and the injured both are students.
3. Learned counsel for the petitioner submits that the 6ccurrence took place all of a sudden and that the question of application of section 307, P.P.C, in the circumstances of the case needs serious consideration.
4. As against this, learned counsel for the State has vehemently opposed this petition. He submits that as the alleged offence is punishable with imprisonment for life, therefore, the petitioner is not entitled to the concession of bail.
5. After hearing the learned counsel for the parties, I find that the petitioner is a student ; that he is in jail since 10th July, 1981 ; that he also received as many as five injuries caused by sharp as well as by blunt weapon and that his injuries have been suppressed. In these circumstances of the case, I am of the opinion that the matter requires further inquiry. The petitioner, who is in jail since 10th July, 1981, is therefore, allowed bail in the sum of Rs. 10,000 (rupees to thousand) with one surety in the like amount to the satisfaction of A.C. Leiah.