Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 337-D

Constitution of Pakistan--- ----Art. 185(3)---Penal Code (XLV of 1860), S. 337-D---Jaifah---Bail, grant of---Accused was alleged to have inflicted a knife blow on the victim---Although a specific role had been assigned to the accused, it was a night time occurrence and there was nothing to show whether there was any light source at the place of occurrence as would enable the complainant party to determine which of the accused had attacked the victim---First Information Report (FIR) stated that the accused party together assaulted the complainant party and the possibility of a mistake being made by the complainant in such a situation could not be ruled out---Fact that only a single knife blow was inflicted should also be given due consideration in the facts and circumstances of the case---Petition for leave to appeal was allowed accordingly and accused was enlarged on bail. THIS ORDER PASSED BY: MUNIB AKHTAR, J.--- By a short order dated 4.7.2018 we had granted leave in this petition and allowing the same, enlarged the petitioner on bail in terms as therein stated. The following are the reasons for the short order. 2. The case of the complainant (respondent No.2 before us) as narrated in FIR No.240 of 2017 dated 23.8.2017 (registered at Police Station Isakhail, District Mianwali) was that on the fateful day he along with some other persons including his cousin, one Tanveer, went to attend a musical evening in connection with some marriage celebrations. When the program ended late at night the complainant had an altercation with some persons including the present petitioner which was patched up by some other persons present there. Thereafter, when the complainant party was returning home at around 10.30 p.m. they were intercepted and accosted by the accused near a Mosque. The petitioner proclaimed that he would teach the complainant party a lesson and thereafter the accused party attacked the latter. The petitioner allegedly gave a knife blow to Tanveer in his back on the upper right side which resulted in an injury that came within the scope of section 337-D, P.P.C. The other members of the accused party also assaulted the complainant party. Some other injuries…

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