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GHULAM QADIR versus STATE


Section 497 of the Code of Criminal Procedure (CCPC) was unarmed at the time of the incident and only shot at the victim, who accused the co-accused that the applicant had seized the pending case. Yes, there is a need for further inquiry when further inquiries regarding the applicant's presence are required for the applicant's presence at the scene. Allowed, under the circumstances
1980 P Cr. L J 82

[Lahore]

Before Aftab Farrukh, J

GHULAM QADIR ETC‑Petitioners

versus

THE STATE‑Respondent

Criminal Miscellaneous No. 3200‑8 of 1979, decided on 29th September 1979.

Criminal Procedure Code (V of 1898)‑---

--‑‑S. 497‑Petitioner unarmed at time of occurrence and only shot on person of deceased attributed to co‑accused‑Allegation that petitioner caught hold of deceased‑Matter, held, required further enquiry as to presence of petitioner at place of occurrence‑Bail allowed, in circumstances.

M. Rafiq Khan Chauhan and Ch. M. Abdul Wahid for Petitioners.

S. D. Qureshi for the State.

ORDER

I have heard the learned counsel for the parties. The petitioner was unarmed at the time of occurrence and the only shot on the person of the deceased even according to the prosecution is attributed to Basher co‑accused. The allegation against the petitioner is that he caught hold of the deceased.

2. I am of the opinion that it is a matter of further enquiry as to whether the petitioner was in fact present or he in fact caught hold of the deceased, bearing in mind the fact that the deceased has been killed by a firearm shot. In this view of the matter, I allow bail to the petitioner in the sum of Rs.10,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Gujrat.

Bail allowed.

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