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Criminal Miscellaneous No. 1430/11 of 1972, decided on 14th July 1972.
----S. 497/498-Bail Murder case-Cross-case-Fight over turn of irrigation water Fate of case depending on question of fact whether new warabandi had or had not come into force at time of occurrence-Such finding of fact yet to be determined-Accused enlarged on bail, in circumstances-Penal Code (XLV of 1860), Ss. 302/149 & 148.
Miss Gulshan Ara Alam for Petitioner.
A. W. Butt for the State.
This is a petition for bail on behalf of Wali Muhammad peti tioner in a case under sections 148, 302/149, P. P. C.
2. The occurrence took place at about 7-15p.m. on 6-6-1971 between two parties of Chak No. 149/5-L over the turn of irrigation resulting in the death of six persons on the side of the petitioner and one from the opposite-party, for which two cross cases were registered.
3. The contentions raised by the learned counsel for the petitioner are firstly that contrary to the assertion made by the complainant side the new warabandi had not come into force and the petitioner had obtained orders for maintenance of status quo from the High Court on 4-6-1971, two days prior to the occurrence. It is next submitted that according to the prosecution Chiragh Din deceased was given hatchet blows by Wali Muhammad petitioner and his co-accused Bashir which position is falsified by the post-mortem report which revealed only blunt weapon injuries on the person of Chiragh Din deceased. Lastly, it is submitted that Bashir, the other co-accused of the petition, has already been allowed bail.
4. While opposing the grant of bail it is urged on behalf of the State that the petitioner had absconded after the occurrence and was arrested after he had been declared a proclaimed offender and is only 55 years old.
5. Having perused the reports in the two cross-cases as also having considered the relevant police record, prima facie I am of the view that the fate of this case would depend, to a very large extent, on the finding of fact whether at the time of occurrence the new warabandi had actually come into force of not. In this view of the matters. I we no objection to We enlargement of the petitioner who shall be released an bail on furnishing security in the sum of Rs. 10,000 (ten thousand) with one surety in like amount to the satisfaction of Assistant Commissioner, Sahiwal.
Bail granted.
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