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Criminal Miscellaneous No. 3283‑B of 1981, decided on 22nd December, 1981.
-‑‑ S. 497‑Petitioner named in F. I. R. attributed fire shot and fact supported by witnesses in statements under S. 161, Cr. P. C.--- Investigation agencies of Police finding petitioner innocent on basis of alibi that petitioner on date of occurrence attested Nikahnama at another place and placing his name in column No. 2 of challan to be filed‑Question of petitioner's participation in occurrence a material question yet to be determined by trial Court‑Bail allowed‑Penal Code (XLV of 1860), S. 302/148/149.
Mehr Ghulam Ali Mubashir for Petitioner.
Muhammad Raft Siddiqi for the State.
Date of hearing : 22nd December, 1981.
This is a petition under section 498, Cr. P. C. by Umar Hayat, petitioner, for his release on bail in respect of a case instituted against him and four others under section 302/148/149, P. P. C. at Police Station, Shahpur Sadar on 23rd July, 1981.
2. According to the F. I. R., Umar Hayat petitioner and his brother Mohammad Ashraf, co‑accused, who were both armed with guns, fired one shot each which hit the forehead, left shoulder and abdomen of Bashir Khan, deceased, falling him to the ground. The other three co‑accused, who were armed with hatchet, did not inflict any injury on the deceased, though they happened to be present.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the Police file it is true that Umar Hayat petitioner, is named in the F. I. R. as also having tired a shot with his gun which bit Bashir Khan, deceased, and the eye‑witnesses in their statements to the Police under section 161, Cr. P. E. have supported this version, but Sher Muhammad, S. H. O. Police Station Shahpur Sadar, Syed Mustajab Hussain, Inspector, S. D. P. O. and Mr. Waseem Kausari Assistant Superintendent of Police, Joharabad, who conducted independent investigations in the case, found Umar Hayat, petitioner, innocent on the basis of his alibi that he was attending the marriage of one Syed Akbar son of Ch. Elahi Bux at Chak No. 54/12‑1. Tehsil Chichawatni, District Sahiwal, where he also attested the Nikah Nama. The name of Umar Hayat, petitioner, has been directed' to be placed in column No. 2 of the challan which is proposed to be filed within a few days. The learned counsel for the State does not oppose the petition. From the facts as appearing it appears that the question whether Umar Hayat did participate in the occurrence, is a material question which now will have to be determined by the trial judge. In these circumstances, the petitioner has made out a case for bail.
4. For the foregoing reasons, Umar Hayat, petitioner, is released on bail in the sum .of Rupees Thirty Thousand (Rs. 30,000) with two sureties in the like amount to the satisfaction of the Assistant Commis sioner, Shahpur Sadar, District Sargodha. Copy of this order may be supplied dasti to the petitioner on usual payment.
Bail granted.
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