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GHULAM HUSSAIN versus STATE


Criminal Code of Conduct (CCPC) Section 498 Bail I is pointing out the body by the accused as being a crime under Section 201/34, Contempt Rules, 1860, Section 201/34

1970 P Cr. L J 165

[Lahore]

Before Muhammad Afzal Cheema, J

GHULAM HUSSAIN AND ANOTHER-Appellants versus

THE STATE-Respondent .

Criminal Miscellaneous No. 2 and Criminal Appeal No. 377 of 1969, decided on 15th July 1969.

Criminal Procedure Code (V of 1898)

S. 498-Bail-Mere v pointing out of dead body by accused-Not per se good enough to constitute offence under S. 201/34, Penal Code, 1860-Bail granted-Penal Code (XLV of 1860), S. 201/34.

Ashiq Hussain v. The State P L D 1958 Pesh. 10 and 1 Pb. Record 1917 (Cr.) rel.

Ch. Amjad Khan for Appellants.

Rashid Aziz for the State.

ORDER

Learned counsel contends that the sole basis of the appel lant's conviction under section 201/34, P. P. C. was the alleged pointing out of the dead body by Ghulam Hussain appellant. It is contended on the. basis of P L D 1958 Pesh. 10 and 1 Pb. Record 1917 (Criminal) that this per se would not be good enough to constitute an offence under section 201/34, P. P. C.

2. The appellants are allowed bail on furnishing security in the sum of Rs. 5,000.00 (five thousand) each with one surety each in the like amount to the satisfaction of the A. D. M., Sargodha.

Petition allowed. Bail granted.

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