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1985 MLD 689

KAMIR and another vs THE STATE

Petitioner: KAMIR and another VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1984-02-24

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Malik Lehrasab Khan Title: KAMIR and another vs THE STATE Case No.: Criminal Miscellaneous No, 370-B of 1984 Date of Judgment:1984-02-24 Reported As: 1985 MLD 689 Result: Bail granted

Judgment ORDER ' Kamir and Amir petitioners who are involved in a case under section 325, P.P.C. Arising out of F.I.R. No, 7, dated 8-1-1984 of Police Station, Jhang Saddar have sought to be released on bail through the under consideration petition. 2. The allegations against the petitioners and their co-accused, namely, Mst. Allah Jawai and Mst. Biba Rani, are that on 2-1-1984 at 9/10 a.m. Near Deenawala Chah, they waylaid Murad P.W. And caused injuries on different parts of his body with Sotas. The F.I.R. Was lodged at the police station on 8-1-1984 at 12.00 noon by Ghulam Farid, the son of Murad aforesaid. 3. As per contents of the F.I.R. The first informant is not a eye-witness. It has not been disclosed as to who provided him th details of the occurrence which have been disclosed in the F.I.R.A There is delay of more than six days in lodging the F.I.R. Which ha been explained in the usual manner that members of the brother-hood had been trying to effect re-conciliation between the parties. According to medico-legal report, only one injury on the right side of the face of the injured P.W. Has been declared as grievous. This was allegedly caused with Sota by Amir petitioner. 4. Mst. Allah Jawai and Mst. Biba Rani co-accused have already been admitted to bail by the learned Additional Sessions Judge. Thelk offence under section 325, P.P.C. Does not fall within the prohibitory clause. Bail cannot be refused as a measurement of punishment. 5. In the above circumstances and without prejudice to the merits of the case, the petitioners are admitted to bail in the sum of Rs, 10,000 (Ten thousand) each with one surety each in the like amount to the satisfaction of A.C., Jhang.

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