Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-F(i)(v), 337-A(i), 337-H(2), 506 & 34---Causing Damiyah and Hashimah, Shajjah-i-Khafifah, rash and negligent act, criminal intimidation, common intention---Bail, grant of---All the injuries on the person of the complainant being punishable with five years or less and, bail was to be granted to accused as a rule---Court could decline the bail in recognized exceptional circumstances, but in the present case, Trial Court had rejected bail, without mentioning exceptional circumstances and without applying its judicial mind---Brother of accused persons had registered a criminal case against the complainant party---Civil litigation was also pending between the parties---Parties, in circumstances, had inimical terms with each other---No evidence was on record that accused persons were previous convicts---Challan having already been submitted, there was no possibility of tampering with prosecution evidence by accused---Accused having made out a case for grant of bail, they were granted bail, in circumstances. 2007 PCr.LJ 299 and Tariq Bashir v. The State PLD 1995 SC 34 ref. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Applicants seek their release on bail in Crime No. 40 of 2013 of Police Station Radhan District Dadu for offences under sections 337-F(v), F(i), A(i), 337-H(ii), 506/2, 34, P.P.C. 2. Brief facts as alleged in the F.I.R. are that on 24-06-2013 complainant Ali Asghar reported the matter at Police Station that on 21-06-2013 he along with his son Abdul Haque and maternal nephew Abdul Aziz had gone towards Noor Mosque for "Fajar prayer", after praying when they were reached at Ranjhan Pump at Radhan Station when at about 06.00 hours they saw accused Ali Sher armed with danda, Ali Nawaz armed with Repeater, Jan Muhammad armed with Pistol, Sadam armed with danda came there, and started abusing them. The accused on gun point got down the complainant from motorcycle when Ali Sher and Ali Nawaz caused danda and kicks blows. Accused Ali Nawaz also caused butt blows of Repeater on arms, head and other parts of body of the complainant, as such blood was started…

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