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Criminal Petition for Special Leave to Appeal No. 358 of 1981, decided on 18th October, 1981.
(Against the order of the Lahore High Court, dated 28‑7‑1981 passed in Criminal Miscellaneous No. 1858/R‑1981).
(V of 1898)‑
-----Ss. 497 & 498‑Bail in murder case‑Version given in F. I. R., found to be false with regard to majority of accused already allowed bail‑‑Co‑accused only attributed one injury on leg of deceased‑ Held, entitled to grant of bail, in circumstances of case.
Muhammad Abdul Saleem, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
Tanvir Ahmed, Advocate Supreme Court for the State.
Date of hearing: 18th October, 1981.
‑Amjad a student of Ist Year and Mahmood, who has recently appeared in the Intermediate Examination are accused alongwith 7 others for offence under sections 302/149, P. P. C. On investigation it was found that the case against the 7 accused was false and they were, therefore, allowed bail but the petitioners alongwith two others namely, Teraiz and Fazal Khawaja have been challaned. The petitioners applied for bail to the Sessions Judge but his application was dismissed. They then approached the High Court but the High Court refused bail.
Hence this petition for leave to Appeal.
2. The learned counsel for the petitioners submitted that no sanctity can be attached to the version given in the F. I. R. in view of the fact that it has been found to be false with regard to the majority of the accused. He submitted further that the petitioners have only been attributed one injury each on the leg of the deceased.
3. We issued a notice to the State and to have heard the learned counsel for the parties. We do not propose to discuss the merits of the case but feel that in the circumstances of this case the two petitioners are entitled to grant of bail. We, therefore, convert the petition into appeal and allow the same.
The petitioners are granted bail in the sum of Rs. 20,000 each, with two sureties each, in the alike amount to the satisfaction of Assistant Commissioner, Bahawalnagar.
Bail granted.
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