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Criminal Appeal No. 23 of 1978, decided on 13th July 1978.
(On appeal from the judgment and order of the Peshawar High Court, dated the 19th March 1978 in Criminal Miscellaneous No. 180 of 1978).
‑‑ S. 497‑Bail in non‑bailable offence‑Accused found to have been charged for lalkara and no overt act ascribed to him‑Bail granted.
Muhammad Masood Kausar, Advocate and M. Qasim Imam, Advocate on‑Record for Appellant.
Amir Zada Khan, Assistant Advocate‑General (N.W. F. P.) for the State.
Date of hearing: 13th July 1978.
.‑The facts of the case are narrated in the order dated the 9th of May 1978 of this Court granting leave to appeal and need not be reiterated.
After hearing Mr. Muhammad Masood Kausar, learned Advocate for the appellant and Mr. Amir Zada Khan, learned Assistant Advocate‑General, N.‑W. F. P. we have come to the conclusion that the appellant deserves to be released on bail. He has only been charged for lalkara and no overt act has been ascribed to him. Under the circumstances we therefore accept this appeal and order that he be released on bail in the sum of Rs. 10,000 with two sureties to the like amount to the satisfaction of the Illaqa Magistrate.
Appeal accepted.
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