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2000 P Cr. L J 477

MUHAMMAD ISMAIL and others vs THE STATE

Citation2000 P Cr. L J 477
CourtLahore High Court
Case No.Criminal Miscellaneous No,483/B of 1999
Date1999-02-26
Judge(s)Tasaddaq Hussain Jillani
ResultBail granted

ORDER

' The petitioners seek bail in a case registered vide F.I.R. No,449 of 1998, dated 4-11-1998 under sections 337-A(i), 337-A(ii), 337-A(iii), 337-F(ii) and 148/149, P.P.C. With Police Station Sillanwali, District Sargodha. The prosecution story as alleged in the F.I.R briefly stated is that on fateful day Ismail petitioner armed with hatchet, Falak Sher armed with Sota, Safdar Ijaz armed with knife, Muhammad Hayat and Muhammad Yar armed with Sotas, came to the spot and attacked upon Muhammad Nawaz and Ahmad Yar and caused injuries to them. The motive of alleged occurrence is that the accused party has raised wall which made the street narrow and when the complainant party tried to stop, they were attacked. Learned counsel for the petitioners has sought bail on the ground that the accused was victim of the attack; that three persons from their side received injuries whereas two persons from the complainant side were injured; that the prosecution has challaned both the parties and that the offence does not fall within the prohibitory clause.

2. Learned counsel for the State has vehemently opposed the prayer.

3. It is not denied that the police has challaned both the parties. The investigation is complete and petitioners are no more required for further inquiry.

4. In the afore-referred circumstances, I am inclined to allow this petition and it is directed that the petitioners shall be released on bail provided they furnish bail bonds in the sum of Rs,25,000 each with one surety each in the like amount to the satisfaction of Magistrate Section 30 concerned.

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