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1989 MLD 4807(2)

ALLAH BAKHSH vs THE STATE

Citation1989 MLD 4807(2)
CourtLahore High Court
Case No.Criminal Miscellaneous No. 75-B of 1989
Date1989-02-18
Judge(s)Muhammad Munir Khan
ResultBail granted

ORDER

This is an application for grant of bail to Allah Bakhsh in case under sections 307/326, 324 PPC registered at Police Station Civil Lines, Bahawalpur, vide FIR No. 254/88.

2. The prosecution case is that the petitioner armed with Chhuri launched murderous assault on Muhammad Rafiq and gave him injury in his abdomen. The injury was found to be grievous and caused by sharp edged weapon.

3. The learned counsel for the petitioner submits that there are cross cases and it is yet to be determined as to who was aggressor. Learned counsel for the State has opposed this application.

4. 1 have considered the matter carefully. I find that in a fight which took place between the parties, Muhammad Rafiq on the side of the complainant received one grievous injury in his abdomen. On the other hand, 3 persons from the side of the petitioners received as many as 17 injuries caused by blunt weapon; that the petitioners' party has filed a complaint under section 452/307 PPC against the complainant party in which the accused have been summoned to face trial; and that in the circumstances of the case, it is yet to be determined as to who was aggressor.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs. 20,000 (Rupees Twenty Thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Bahawalpur.

SA./A-789/L

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