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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHER MUHAMMAD And ANOTHER VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ali Madad Shah Title: SHER MUHAMMAD And ANOTHER vs THE STATE Case No.: Criminal Bail Application No. 120 of 1987 Date of Judgment:- Reported As: 1992 P Cr. L J 570 Result: Bail granted
Judgment ORDER Both the applicants have been challaned in the Session Court Karachi (South) to stand trial for an offence, punishable under section 307/34, P.P.C. It is alleged that they assaulted the complainant Abdur Rehman and struck him by means of Razor and an Iron Rod due to quarrel over drawing of water from `Sabil' on 2-11-1986. Their application in the Sessions Court was dismissed by learned Sessions Judge by order, dated 4-12-1986 on the ground that one of the injuries cause to the complainant was certified to be grievous. The learned counsel for the applicants has urged that there was a "sudden quarrel between the parties and blows were exchanged and the offence, if at all, any, would not fall under section 307, P.P.C. Or even under section 326, P.P.C. The learned A.A.-G. Does not oppose the application in view of the fact that the complainant had stated in the F.I.R. That he had first struck the applicant Sher Muhammad and he was given blows in retaliation. Counter complainant also has been filed. Bail is granted in the sum of Rs.20,000 with one surety to each of the applicants. Surety to be furnished before the Session Judge, Karachi (South)