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Criminal Miscellaneous No. 6279 of 1968, decided on 13th December 1968.
‑‑S. 498‑‑Bail‑Petitioner, at no stage, attributed any part but only alleged to be pr‑sent‑Petitioner son‑in‑law of principal accused and not alleged to possess any weapon‑No previous conspiracy between two accused to commit murder‑Petitioner directed to be released on bail till charged for a non‑bailable offence.
Yousuf Ali Khan for Petitioners.
Kh. Muhammad Afzal for the State.
Fazal. Hussain petitioner, though present when his co‑accused Gehna shot the deceased, carried no weapon. He was not even attributed a lalkara in the first information report. Fazal Hussain is the son‑in‑law of his co‑accused Gehna. I have gone through the case. diaries and find that, at no stage, Fazal Hussain petitioner was attributed any part. In the absence of evidence of a previous conspiracy between Fazal Hussain and Gehna to kill Barkat, I think Fazal Hussain is entitled to the leniency of bail. He is ordered to be admitted to bail on his furnishing a bail bond in the sum of Rs. 15,000 (Rupees fifteen thousand) with two sureties in the like amount, jointly and severally, to the satisfaction of the Additional District Magistrate, Gujranwala.
2. Fazal Hussain shall continue on bail till such time as a competent Court frames a charge of non‑bailable offence against him. It will, in that event, be open to the committing Magistrate to cancel bail.
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