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1994 PCRLJ 1424

RAFAQUAT VS STATE

Petitioner: RAFAQUAT VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 1424

[Lahore]

Before Sajjad Ahmed Sipra, J

RAFAQUAT and others---Petitioners

Versus

THE STATE---Respondent

Criminal Miscellaneous No.36/B of 1994, decided on 24th January, 1994.

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S.337-F/34---Bail, grant of---Offence with which the accused were charged was not hit by the prohibitory clause of 5.497, Cr.P.C.---Injury sustained was on the non-vital part of the body-- Accused were in judicial custody for over three months and were no longer required by the Police---Accused were neither previous convicts nor hardened criminals---Accused were allowed bail in circumstances.

Mian Muhammad Saeed for Petitioners.

Muhammad Naeem for the State.

Date of hearing: 24th January, 1994.

ORDER

The petitioners are accused of offence under section 337-F/34, P.P.C. vide F.I.R. No.475/93, dated 12-10-1993, registered at Police Station Saddar Kasur.

2. The learned counsel for the petitioners and the State were heard at length in respect of the contentions raised herein. Admittedly, the offence alleged is not hit by the prohibitory clause, as the punishment for the same is five years' R.I. and that the injury sustained is on the non-vital part of the body. Furthermore, the petitioners have been in the judicial custody for over three months and are no longer required by the police and they are neither previous convicts nor hardened criminals.

3. Therefore, the petitioners are hereby allowed bail in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Kasur.

N.H.Q./R-129/L Bail allowed.

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