Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S.324---Constitution of Pakistan (1973), Art. 185(3)---Bail, grant of---Case against accused in the light of the provisions contained in S. 324, P.P.C. read with S.337, P.P.C. did not fall within the prohibitory clause of S.497(1), Cr.P.C.---Petition for leave to appeal was converted into appeal in circumstances and the accused was released on bail accordingly. A.M. Naqvi, Advocate Supreme Court and Ali Akbar, Advocate-on-­Record for Petitioner. A.G. Mangi, A.G., Sindh for the State. Date of hearing: 12th April, 1995. JUDGMENT MUKHTAR AHMAD JUNEJO, J.---Leave to appeal is sought against a judgment dated 23-10-1994 by a learned Single Judge of the High Court of Sindh in Criminal Miscellaneous Application No.515 of 1994. On 13-7-1994 respondent No.1 Haji Noor Jamal filed criminal case against petitioner Jan Muhammad and his son Khalid Jan for offence punishable under section 324, P.P.C. amended by Qisas and Diyat Ordinance. Police registered the case under F.I.R. No.110 of 1994. Prosecution case, as per the F.I.R., was that on 13-7-1994 at 10.30 a.m. complainant/respondent No.1 Haji Noor Jamal was present at the platform of his block in Faqir Colony when a jeep came there carrying petitioner Jan Muhammad, his son Khalid and two unknown persons, one of whom questioned Haji Noor Jamal, as to, who was the owner of the property where he was present. The complainant replied that the same belonged to him. Upon this petitioner Jan Muhammad abused complainant Haji Noor Jamal and told his son Khalid Khan to finish him. Upon this, the complainant was caught by Khalid Khan and he was given chhuri blows by the petitioner. The complainant received the injuries over forehead and other parts of body. He raised cries upon which his son Muhammad Aslam came there. The latter was caught by one Mushtaq and was given blows by one Ayaz. Such F.I.R. was lodged by the complainant with Mominabad Police Station under F.I.R. No.110 of 1994. Police took over the investigation and arrested the petitioner and Khalid Khan who moved application for bail in the Court of Sessions Judge, Karachi West. Under an order dated…

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