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Criminal Miscellaneous No. 4023/B of 1973, decided on 15th October 1973.
-- S. 498-Bail-Persons sitting with petitioner tiring at, and killing a police officer on demand being made by latter of licences for guns possessed-Petitioner empty-handed and no overt act ascribed to him-Bail granted.
Riaz Kayani for Petitioner.
Nazir Ahmed Cheema for the State.
S. I. Khurshid Alain, S. H. O., alongwith Police Record.
This is a petition for hail on behalf of Muhammad Rafique against whom and two others a case tinder section 302/353/34, P. P. C. was registered for the murder of Muhammad Sadiq A. S. I. The prosecution ease according to the F. I. R. is that the deceased A. S. I. was travelling in the bus and so was the petitioner and his two companions, namely; Muhammad Nawaz and Muhammad Ramzan who were armed with 12-bore guns. The petitioner was empty-banded and they were sitting on the same seat. The deceased demanded the licences from Muhammad Nawaz and Muhammad Ramzan and in the meantime the bus stopped and they alongwith the petitioner got down from the bus. The petitioner and Muhammad Ramzan co-accused were arrested at the spot after Ramzan and his companion Nawaz had fired at the deceased. No overt act has been ascribed to the petitioner and he was empty-handed as is clear from the perusal of the F. I. R.
2. The petitioner is allowed bail in the sum of Rs. 20,000.00 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of the Enquiry Magistrate. The petition is disposed of accordingly.
3. Copy of the order be given dasti on usual fee.
Bail allowed.
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