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1986 P Cr. L J 773

HAIDAYAT MASIH And Others vs THE STATE-

Citation1986 P Cr. L J 773
CourtSindh High Court
Case No.Criminal Bail Application No. 747 of 1985
Date1985-06-02
Judge(s)Syed Sajjad Ali Shah
ResultBail accepted

ORDER

1. Present two applicants alongwith seven other co-accused are facing trial for offences under sections 307, 323, 147, 148 and 149, P.P.C. Seven other co-accused have already been released on bail. It appears from the F.I.R. That applicant Hidayat Masih caused injuries to Shoukat, and Rafique Masih caused injuries to Khalid Masih. Both applicants were armed with hatchets. Medical report of Shoukat Masih shows that he sustained two injuries caused by hard and blunt weapon and both have been declared to be simple in nature. Medical report of Khalid Masih shows that he sustained only one injury on the head which has been declared to be grievous in nature caused by hard and blunt weapon. It is submitted that there is a counter-case also filed by the applicant Hidayat Masih and offences are same in the counter-case. On this basis it is submitted that it is a case of sudden fight between the parties. It is further submitted that both applicants Rafiq Masih and Hidayat Masih were themselves injured and applicant Rafique Masih sustained injury which has been declared to be grievous in nature. Both applicants were taken in custody on 15-4-1985 and are now in judicial custody and final challan has been presented.

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