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Criminal Miscellaneous No. 1343-B of 1981, decided on 7th July, 1981.
-----S. 497-Bail----[Murder-case] --- Petitioners not named in F. I. R. but for first time complainant named them as accused per sons in his supplementary statement more than 3 months after occurrence-Petitioners found innocent during investigation by local Police but held guilty by Range Investigation Team and issue cur rently under investigation' by Provincial Crime Branch-Case of petitioners, held, requires further inquiry-Bail confirmed, in circum stances.
Mian Munawwar Hussain and Ch. Zia-ud-Din for Petitioners.
Shah Nawaz for the State.
Muhammad Anwaar Ahmad Khan for the Complainant.
Lal, Ramzan, Sher Khan and Wali Dad petitioners who are involved in a murder case, have moved this petition for bail. Initially the case was registered under section 364, P. P. C. on the report of Bahadur Khan wherein he alleged that he bad a suspicion that his brother Mubarik Khan bad been done away with by Naseer alias Guddi and Bashir etc. Later on, dead body of Mubarik Khan was recovered at the instance of Naseer aforementioned and section 302, P. P. C. was also added. The petitioners are not named in the F. I. R. It is admitted that for the first time the complainant named them as accused persons in his supplementary statement recorded more than three months after the occurrence. There is also no dispute that the petitioners were found innocent during the investigation by the local police. They were, however, found guilty by the Range Inves tigation Team, Sargodha. Thereafter, the investigation was entrusted to Barkat Ali Sub-Inspector, Crimes Branch, Lahore. He states that he agreed with the report of the local police and now the investigation has again been transferred to Ch. Sultan Ahmad, D. S. P., Crimes Branch, Lahore. In the circumstances, I am of the view that the case of the petitioners requires further inquiry. The interim bail allowed to them is, therefore, confirmed. They have been directed to join the investigation if and when required.
Bail confirmed.
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