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1994 PCRLJ 2449

TAHIR JAVAID VS STATE

Petitioner: TAHIR JAVAID VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 2449

[Lahore]

Before Sajjad Ahmed Sipra, J

TAHIR JAVAID---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.469/B of 1994, decided on 20th February, 1994

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860),_ S.324/34---Bail, grant of---Injury attributed to accused was neither on any vital part of the body nor had been declared dangerous to life---Case having being tried by Magistrate Section 30, maximum punishment up to seven years' R.I. only could be awarded---Accused was in judicial custody for over six months and was no longer required by police---Bail was allowed to accused in circumstances.

Abdul Qadeer Waraich for Petitioner.

Ch. Asghar-Ali for the State.,

Date of hearing: 20th February, 1994

ORDER

The petitioner is one of the accused in a case registered vide F.I.R. No.419/93, dated 8-7-1993 under section 324 (Q&D), P.P.C. read with section 34, P.P.C. at Police Station Saddar, Gujranwala.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. However, taking into consideration, that admittedly the injury attributed to the petitioner is neither on the vital part of the body nor it has been declared dangerous to life and further taking into consideration that the case is being tried by the Magistrate Section 30 and as such the maximum punishment that can be awarded in the instant case is seven years" R.I. and the fact that the petitioner has been in judicial custody for over six months and is no longer required by the police and is neither a previous convict nor a hardened criminal, the petitioner is hereby allowed bail in the sum of Rs. 30,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Gujranwala.

N.H.Q./T-93/L Bail allowed

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