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Criminal Appeal No. 69 of 1981 in Criminal Petition for Special Leave to Appeal No. 354 of 1981, decided on 15th September, 1981.

(On appeal from the judgment and order of the Lahore High Court dated 15‑8‑1981 in Cr. Mist. 2233‑B of 1981 in Cr. Misc. 2233-B of 1981).

---Ss. 497 & 498‑Bail‑Offences under Ss. 302/307 & 325‑Part in offences attributed to accused appellant similar to that of his co‑accus ed‑Accused appellant also allowed concession of bail.

Mian Qurban Sadiq Ikram, Advocate and Sh. Abdul Karim, Advocate on‑Record for Petitioner.

Muhammad Akram Butt, Advocate for the State.

Date of hearing : 15th September, 1981.

‑Leave to appeal having been sought from order dated 15‑8‑1981 of the Lahore High Court (whereby a petition for bail filed on behalf of three accused persons in a case under section 302/ 307 and 325, P. P. C. was dismissed in limine); this Court dismissed the petition regarding two accused persons namely, Abdus Sattar and Ghulam Yaseen and issued notice to the Advocate‑General (Punjab) with regard to Suleman, accused only ; as the role attributed to him, it was argued, related to the offence under section 325, P. P. C.

Today after hearing both the learned counsel for the petitioner as also the learned counsel appearing on behalf of the State, we are of the view that on the stated facts and circumstances, the petitioner should have been allowed the concession of bail. It may also be mentioned that the part attributed to him is allegedly similar to that of Rafiq, his co‑accused, who has also since been released on bail.

We convert this petition into an appeal and allow the same, Sideman, accused (petitioner) shall be released on bail on furnishing a bail bond and two sureties in the sum of Rs. 10,000 each to the satisfaction of Assistant Commissioner, Bhakkar.

Bail granted.

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