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Criminal Miscellaneous No. 491/8 of 1975, decided on 5th March 1975.
‑‑ Ss. 497 & 448‑Bail‑Delay‑‑Petitioners reported against over one year earlier and challan submitted in Court about nine months back --Not a single witness examined except Sub‑Inspector but his statement also incomplete‑Prosecution witnesses not appearing before Inquiry Magistrate despite warrants of arrest and other coercive methods ---Petitioners, in circumstances, held, cannot be kept behind bars indefinitely and released on bail.
Sh. Nasim Hasan for Petitioners.
Miss Gulshan Ara for the State.
This is a petition for bail on behalf of the petitioners who along others are facing an inquiry under sections 302, 307, :024, 148, 149, P. P. C. for causing the death of Nur Muhammad and injuries to Sardar and Khushi Muhammad P. Ws. The occurrence took place on 2nd of February, 1974 shortly before sunset time and the report was lodged on 3‑2‑1974. The injuries to the deceased are said to have been inflicted by Mahnga, who was armed with a hatchet. The petitioners did not cause any injury to the deceased. They were allegedly armed with a Sota each. They have been refused bail by the learned Addl. Sessions Judge, Sahiwal vide his order dated 16-1‑1975.
2. I have heard the learned counsel for the parties. The case was registered on 3rd of February, 1974 the challan was submitted in Court on 10th of June, 1974 and since then not a single witness has been examined so far excepting S. I. Muhammad Shafi whose incomplete statement had been recorded. The prosecution witnesses are not appearing before the Inquiry Magistrate in spite of the fact that warrants are being issued and coercive methods are being adopted. The petitioners cannot be kept behind the bars indefinitely.
3. The petitioners are allowed bail in the sum of Rs. 15,000 each, with one surety each in the like amount, to the satisfaction of the Inquiry Magistrate. However, if the Inquiry Magistrate commits the case, he shall he at liberty to cancel the bail.
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