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Criminal Miscellaneous No. 417-B of 1982, decided on 24th April, 1982.
-- S. 497 - Bail - [Murder-case] - Co-accused, prime mover of offence and with whom motive lay already bailed out by Court-Despite lapse of about a year's time challan not yet submitted to trial Court-Petitioners allowed bail, in circumstances--Penal Code (XLV of 1860), Ss. 302, 307, 149 & 148.
Muhammad Hanif Khatana for Petitioners.
Khurshid Alam Ramay for the State.
Date of hearing : 24th April, 1982.
The petitioners are accused in a case under sections 302, 307, 149 and 148 of the Pakistan Penal Code registered on 8th May, 1981 with Police Station Narowal. They have come up to this Court for bail after this relief was declined to them by the learned Sessions Judge, Sialkot vide order dated 7th February, 1982.
2. The first version given by Anwar complainant, real brother of Safdar deceased was that the shot fired by Tahra had killed the deceased. On the following day, i. e. 9th May, 081 he made a supplementary state ment substituting Iqbal alias Bala for Tahra. According to the investiga tion made by the Assistant Superintendent of Police, Muhammad Iqbal Khan, Iqbal alias Bala a bus driver had some grievance against Tahra, timi keeper at the bus stand, Narowal. Iqbal and his companions attacked Tahra and during the course of the fight the deceased was killed at the hands of his own companion Shabbir Mushtaq petitioner also accompanied them. The motive lay with Iqbal who is the prime mover. He has already been released on bail by this Court vide order dated 6th October, 1981 made in Criminal Miscellaneous No. 2579/B-81. The occur rence took place on 8th May, 1981 and the challan has not so far been submitted in Court. The learned counsel appearing for the State too does not seriously oppose the grant of bail.
3. In view of the different versions and the ambient circumstances I think that the case of the present petitioners is a fit one for bail at this stage. Accordingly, I direct that they shall be released subject to their furnishing bail bonds in the sum of Rs. 25,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Shakargarh.
Bail allowed.
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