GHULAM MUSTAFA Versus STATE

The petitioners who are involved in a case under section 365/342, 148/149, 337-A-II, P.P.C. arising out of F.I.R. No.383 dated 19-12-1992 registered at Police Station City Gojra, seek to be admitted to bail.

2. As per F.I.R. the petitioners are alleged to have taken away Zahid P.W. on 17-12-1992 at about 10-00 a.m. from Chak No.371/JB and assaulted him; as a result whereof he sustained about 20 injuries on his person. Thereafter, the petitioners called upon a barber and allegedly shaved his head and moustaches etc.

3. Learned counsel for the petitioners contended that according to the police report as well as the F.I.R. the offences are bailable ones, and the learned Additional Sessions Judge has erred in law while cancelling the bail in a case which does not fall either within the prohibitory clause or the category of non-bailable offences.

4. Learned counsel for the State after consulting the police file stated that the, challan has been submitted for offences which are bailable and section A 365, P.P.C. has been deleted by the police during the investigation.

5. I have heard the learned counsel for the parties and have perused the police record. Admittedly the petitioners are involved in offences which are bailable ones, the application of section 365, P.P.C. is open to serious objection; hence the petitioners are admitted to bail in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety each in the like amount, to the satisfaction of the trial Magistrate.

N.H.Q./G-131/L Bail allowed.