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2001 YLR 338

BHAMBHO and another vs THE STATE

Citation2001 YLR 338
CourtSindh High Court
Case No.Criminal Bail Application No,238 and Miscellaneous Application No, 590 of
Date2001-06-08
Judge(s)Wahid Bux Brohi
ResultBail granted

ORDER

1. Granted subject, however, to all just Aceptions.

2. Applicants Bhambho and Kaleemullah have sought bail in a case registered as Crime No,6 of 2001 at Police Station Drigh Bala for an offence under sections 334, 337-A(i) and 337-L(ii), P.P.C.

' It is alleged in the F.I.R. That complainant Muhammad Ayoob and his family members including his wife and Mst. Sharma wife of Hafiz Saleem were present at their Well when accused Rajab, Bhambho and Kaleemullah left their cattle in their crop on which the complainant party objected whereafter Rajab gave a blow on the head of complainant with blunt side of hatchet while others gave blows to ladies. There is a counter F.I.R. Of the same incident registered as Crime No,7 of 2001 wherein accused Rajab is the complainant and the F.I.R. Shows five injuries to have been caused to the complainant.

' Learned counsel for applicants submitted that allegations are general in nature and the offence does not fall within the prohibitory clause of section 497, Cr.P.C.

' Learned Assistant Advocate-General is of the view that the present applicants have caused injuries to a lady Mst. Sharma.

' It could not be denied that cross-cases have been registered for the same incident. Moreover, the offences also do not fall within the prohibitory clause of section 497, Cr.P.C. And applicants are in custody for a period of more than two months. In the circumstances the application is allowed.

Applicants be released on furnishing surety in the sum of Rs,50,000 (Rupees fifty thousand) each and P.R. Bond in the like amount to the satisfaction of the trial Court.

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