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Criminal Miscellaneous No. 2393/B of 1974, decided on 12th August 1974. Criminal
‑‑‑ Ss. 497 & 498‑Bail‑Petitioners constructing a wall over disputed land subject of civil litigation between parties---Quarrel ensuing subsequently on arrival of complainant party‑Extent of implication of petitioners, in circumstances, held, a matter of further inquiry ‑Bail granted.
Shahid Hussain Kadri for Petitioners.
Muhammad Yusuf for the State.
Admittedly the petitioners were on the land on which they were con structing a wall. This piece of land was a disputed property between the parties, the civil litigation in respect of which had been going on and had been initiated by the complainant party in which there was a stay matter, which was vacated. In such a dispute Rashid Ahmad hid a fire‑arm injury for which Ashiq is charged. The petitioners were present at the spot. Mohd. Hussain is attributed a lalkara and Naseem and Shall armed with dandas, Zafar had a rifle.
2. In view of the dispute over land and the fact had the petitioners were already on the land when the complainant party came there and the quarrel ensued, the extent of implication of the petitioners is a matter for further enquiry do the meantime they are admitted to bail in the sum of Rs. 5,000 each with two sureties each in like amount to the satisfaction of Assistant Commissioner, Lahore.
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