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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Syed NAZIM VS Respondent: THE STATE
1988 M L D 727
1988 M L D 727
[Karachi]
Before Muhammad Mazhar Ali, J
Syed NAZIM‑‑Applicant
versus
THE STATE‑‑Respondent
Criminal Bail Application No. 1361/B of 1987, decided on 10th April, 1988.
Criminal Procedure Code (V of 1898)‑
‑‑‑S. 498‑‑Penal Code (XLV of 1860, Ss.188 & 307/34‑‑Pre‑arrest bail, grant of‑ Injury attributed to accused not falling under definition of grievous hurt given in S.320, P.P.C: --Interim bail already granted to accused, confirmed in circumstances.
Salahuddin Khan Gandapur for Applicant.
AA. Muhammadally, A. A.‑G. for the State.
ORDER
The applicant, who is involved in a case under section 307/34/188, P.P.C., vide Crime No. 408 of 1987 lodged at Police Station Gulbahar, District Central, has been allowed interim bail vide order dated 24‑12‑1987 on furnishing security in the sum of Rs.15,000 with P.R. bond in the like amount.
I have heard the learned counsel for the applicant as well as Mr. AA. .Mohammadali learned AA.‑G. candidly conceded that notwithstanding the fact that the Medical Officer had described to injury caused to the injured Masood Mahmood, as grievous it cannot legally be called a grievous injury inasmuch as none of the eight clauses of section 320, P.P.C., which define `grievous injury' is applicable to the instant case. The learned AA.‑G., therefore, states that he no objection if the interim Bail granted to the applicant is confirmed on similar terms.
Having heard the arguments of the counsel for the parties and upon perusal of the medical report, which is available with the learned AA.‑G. I am inclined to agree with him that the applicant is entitled to be enlarged on bail. 1, therefore, confirm the interim bail on similar terms and conditions on which it was granted on 24‑12‑1987.
SA./N‑106/K Bail confirmed.