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1992 P Cr. L J 2585

AHMAD HASSAN vs THE STATE

Citation1992 P Cr. L J 2585
CourtLahore High Court
Case No.Cr. Misc. 2044/13 of 1992,
Date1992-06-29
Judge(s)Abdul Majeed Tiwana
ResultBails granted

ORDER

This order shall also dispose of Crl. Misc. No.2247-B of 1992, both arising out of case: .:.R. No.298, dated 26-6-1991, registered at Police Station Samundari, District Faisalabad originally under section 302, 324, 307-A, 337-A(c), 452, 379. 148/ :49, P.P.C. On the statement of Muhammad Sharif son of Qadir Bakhsh, resident of Chak No.474-G.B., Tehsil Samundari, District Faisalabad against 12 persons, including petitioners in Crl. Misc. No.2247-B of 1992.

2. During its investigation, on 28-6-1991 Muhammad Hussain, a relation of the accused party, gave the counter-version of the occurrence on the basis of which a counter-case was registered under sections 302, 324, 337, 452,148/149, P.P.C. Against 11 persons of the complainant party, including Ahmad Hassan petitioner in this petition.

3. This facts of the case are stated in some detail,, in the previous bail application Crl. Misc. No.801-B of 1992 moved by Muhammad Munir and others (who have now repeated their request for bail in Crl. Misc. No.2247-B of 1992). That application was dismissed as premature because the police had not yet come to any definite conclusion regarding certain material aspects of the case. Therefore, suffice it here to say that both the parties, who reside almost ii the same street of the village, were armed, ready to try their strength and fought a pitched battle, resulting in the loss of one human life on, each side and injuries to a number of persons from either faction, including ladies.

4. Bail of Ahmad Hassan petitioner, who belongs to the complainant party, has been sought on the ground of his tender age; while that of Muhammad Munir and others, who belong to the accused party, has been sought on the ground of their lesser role of causing simple injuries to certain prosecution witnesses.

5.Bail of the petitioners has been opposed on behalf of the State.

6. Ahmad Hassan petitioner was about 16 years old at the time of occurrence and was a school going boy. Therefore, despite the role of his having allegedly caused an injury to Muhammad Aslam (deceased), he is granted bail on the ground of his tender age if he furnishes bail-cum- surety bonds in the sum of Rs.50,000 with one surety in the like amount to the A satisfaction of Assistant Commissioner/Duty Magistrate, Faisalabad.

7. Similarly, Muhammad Munir and four others, the petitioners in Crl. Misc. No.2247-B of 1992 are granted bail on account of their lesser role if they furnish bail-cum-surety bonds in the sum of Rs.50,Q00 each with one surety each in the like amount to the satisfaction of the same Court.

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