1990 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S. 497

Penal Code (XLV of 1860), S.307/452/148/149

Bail, grant of-- Injury attributed to accused had been declared simple

Accused was behind the bars for more than three months and his trial had not commenced so far

Cross version from accused side alleged that accused party was subjected to aggression by complainant party

One person from accused side had received a grievous injury at the hands of complainant party

Case against accused was thus of further inquiry

Accused was admitted to bail in circumstances. Shamim Abbas Bukhari for Petitioner. Tasneem Amin for the State. The petitioner Mehmood has moved this petition for bail after arrest under section 497, Cr.P.C. in a case registered against him under section 307/452/148/149, P.P.C. at Police Station Saddar Chiniot District Jhang vide F.I.R. No.200, dated 18-5-1989.

2. The contention is that the petitioner while armed with a stick inflicted an injury on the shoulder of Salehon which injury has been declared simple by the doctor. Next contention is that the petitioner is behind the bars for the last three months. The learned counsel submits that there is cross-version in the case and that the petitioner side was also injured at the hands of the complainant party. The learned counsel maintains that a grievous injury was inflicted by the complainant party on the person of Sultan. Lastly, the learned counsel argues that this is a case of further inquiry. The learned State counsel submits that the petitioner is mentioned as an accused person in the F.I.R. and that specific role has been attributed to him.

3. I have heard the learned counsel for the parties and have perused the record. The injury attributed to the petitioner has been declared simple by the doctor. The petitioner is behind the bars for the last more than three months and his trial has not commenced as yet. There is also a cross-version from the petitioner side and according to the allegations the accused party was subjected to aggression by the complainant party. Sultan from the accused side has received a grievous injury at the hands of the complainant party. In the circumstances of the case, in my view this is a case of further inquiry. The petitioner, therefore, is entitled to bail. He shall be admitted to bail in the sum of Rs.5J,0(N) (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Chiniot. N.H.Q./M-2046/L Bail allowed.