Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss.336 & 34---Itlaf-i-Salahiyyat-i-Udw---Bail, grant of---Further inquiry---Injury was alleged to have been caused with fist blow on lips and upper tooth of the injured---Nature of injury, would be determined during the trial after placing both the reports, i.e. medico-legal report and report of dental surgeon in juxtaposition with the ocular account---Case of 'further inquiry as envisaged in S.497(2), Cr.P.C. has been made out---Accused was admitted to bail, in circumstances. Zahoor alias Jara v. State 2005 YLR 1664 and Shuaib Mehmood Butt's case 1996 SCMR 1854 rel. JUDGMENT MRS. IRSHAD QAISER, J.---Muhammad Ibrar son of Fazal-ur-Rehman seeks his post-arrest bail in case F.I.R. No.215 dated 9-7-2013 for offences chargeable under sections 336/34 of Pakistan Penal Code, 1860 registered in Police Station Ghari Habib Ullah, Mansehra. 2. The case of the prosecution, as set up in the F.I.R., is that the complainant Mst. Resham Jan wife of Yaqoob Khan, resident of Noran-cum-Kashtara, Tehsil Balakot District Mansehra on 5-7-2013 at 19:10 hours along with his son Junaid aged about 17/18 years in injured condition reported to the police in Police Station that she was cutting grass from the fields near her house, when at about 6:00 hours Karim son of Haleem and his wife Mst. Resham Jan came there, who asked her not to cut grass from there, as it is his property. They altercated with her and started quarrelling. They caught hold of her hair and started giving kicks and fists blows. On noise, her son Junaid also came there, who wanted to rescue her, however, Ibrar, Imran sons of Fazal-ur-Rehman came there and Ibrar gave fist blow to Junaid, as a result, he got injuries on upper tooth and lips and also gave kicks and fists blows on his body. Motive for the occurrence was stated to be dispute over property. 3. Valuable arguments of the learned counsel for the parties heard and the available record of the case thoroughly considered. 4 Without passing any finding on merits that may prejudice the case of the parties during the trial, suffice it to state the definition of 'Itlaf-e-Salahiyyat-i-udw'…

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