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Criminal Miscellaneous No. 3791‑B of 1975, decided on 2nd October 1975.

Crimina1 Procedure Code (V of 1898)

___ S. 498--‑Bail‑‑[Murder case]---Neither any motive nor any overt act attributed to accused although he carried a hatchet during incident‑Some accused also injured and filing counter‑case‑‑Bail granted, in circumstances --‑[Bail].

M. Yaqub Sidhu for Petitioner.

Asad Munir for the State.

The Petitioner along with 7 others is accused of offences under section 302/307/148/149, P. P. C. with regard to an incident in which one Zia‑ud- din Advocate Sahiwal was killed. Zia‑ud‑din was the brother of the complainant and had gone to visit him on the fateful day in the village. He was standing nearby his brother Muhammad Aslam the complainant and ethers who were working in the garden. Muhammad Sharif a co‑accused came there and, asked Zia‑ud‑din trot to plead the case of his opponents in the Court. As Zia‑ud‑din refused to oblige him on this issue, there eras some altercation between them. The situation was, however, saved by Qasim Ali and Muhammad Amin another brother. Muhammad Sharif left the spot threatening to teach them a lesson.

2. Muhammad Sharif after some time cams back to the scene of Occurrence along with 7 other co‑accused including the petitioner. On Javed son of Abdul Hamid fired at Zia‑ud‑din, Muhammad Amin and Niaz. Zia‑ud‑din fell and died at the spot whereas the other two fell down injured. No overt act is attributed to the present petitioner, though he is stated to be armed with a hatchet. There is no motive attributed to him either. There is a counter version also in which three of the co‑accused were injured and a case under section 307/148/149, P. P. C. has been register as well, against the complainant party.

3. As no overt act is attributed to the petitioner and there is no motive with regard to the present dispute, and as some of the other accused, placed in a position similar to the petitioner have already beer released on bail, I find no justification to deny him this concession. The interim bail already granted to him is confirmed.

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