Case Details

Citation(s)
1990 SLD 444 = 1990 MLD 209
Lahore High Court
Criminal Miscellaneous No.432-B of 1989/BWP. decided on 5th June, 1989.
Presented By: Before Sajjad Ahmad Sipra, J
-------Nazir Ahmad Bhatti for Petitioners. Nasir-ud-Din Ghauri for the State.

MUHAMMAD HUSSAIN and another--Petitioners

VERSUS

THE STATE--Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497 , 325/34

Criminal Procedure Code (V of 1898)-- ---S.497---Penal Code (XLV of 1860), S.325/34---Bail---Case was registered against accused under S.325/34, P.P.C. and State Counsel confirmed that challan was also submitted in Court under same sections---Case against accused thus was not hit by the prohibitory clause of S.497, Cr.P.C.---Grievous injury was not stated to have been caused on any vital part of body of complainant who was allegedly assaulted by his sons (accused) with Sotas---Accused were admitted to bail in circumstances. Allah Rakha and 3 others v. The State 1986 S C M R 842 rel. Nazir Ahmad Bhatti for Petitioners. Nasir-ud-Din Ghauri for the State. ORDER The brief facts of the present bail application are that an F.I.R. No.82/89 dated 8-4-1989 under section 325/34, P.P.C. was registered at Police Station Saddar, Bahawalnagar, against the petitioners and one other. According to the F.I.R., the complainant was not on good terms with his sons, the present petitioners, and that on the day of occurrence he had demanded that his sons should pay him half of the 'Aabiana" due on his land being cultivated by the petitioners which led to the petitioners assaulting him with Sotas. The learned counsel for the petitioners contends for bail on the following grounds:- that the F.I.R. had been registered under section 325/34, P.P.C. which is not hit by the prohibitory clause; that the grievous injury has not been caused on the vital part of the body; that the quarrel between the parties was because of a…
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