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Criminal Miscellaneous No. 4530 of 1976, decided on 30th November 1976.

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S. 497‑Petitioners, accused of murder, sitting empty handed in panchayat to settle matrimonial dispute when co‑accused suddenly picking up a hatchet and causing blows to deceased --Contention that petitioners having no knowledge about any such intention on part of their co‑accused as displayed by him in sudden and unpremeditated affair with no contribution from their side it called for a further inquiry‑Contention, held, correct‑Bail allowed, in circumstances.‑[Bail].

Raja Muhammad Ayub Khan for Petitioners.

Ch. Muhammad Hanif for the State.

Fida Husain and Riaz Husain petitioners are being prosecuted in a case under section 302/34, P. P. C. and on being refused the concession of bail they had approached this Court on the ground that they were sitting empty handed in the Panchayat to settle this matrimonial dispute when in the course of the verbal wrangle that ensued Ghulam Abbas, their companion is said to have suddenly picked up a small hatchet and caused blows to the deceased.

2. The contention that they had no knowledge about any such intention on his part as displayed by him in this sudden and unpremeditated affair with no contribution from their side would certainly call for a further enquiry.

3. Without expression of any opinion on the merits of the case I allow this petition with a direction that the two petitioners Fida Husain and Riaz Husain shall be released from custody on their furnishing a bond each in tile sum of Rs. 10,000 (Rs. ten thousand) with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Sargodha.

Petition allowed.

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