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Criminal Miscellaneous No. 86 of 1982, decided on 18th April. 1982.
‑‑ S. 497 ‑-- Bail --‑ [Murder‑case] --‑ No fatal injury to deceased attributed to petitioners‑Question of joint liability of persons involved yet to be determined by trial Court‑Petitioners, allowed bail, in circumstances.
Raja Muhammad Aslam Khan for Applicants.
Raja Muhammad Akram Khan for the State.
Date of hearing : 18th April, 1982.
The accused applicants were brought before the District Criminal Court to stand their trial under section 5/15 of the Islaami Tazeerati Act read with sections 34 and 447 of the Penal Code.
A quarrel arose between Shah Muhammad, a prosecution witness and some others on one side and the accused on the other side over a disputed mound lying between the lands of the parties. The accused were fixing stones over the disputed Banna' on 23rd October, 1981 when Shah Muhammad and some others asked them not to fix the stones until demarcation of the lands is done and identified thereof so as to ascertain the correct position regarding the disputed mound. But instead of listening to their behest they were attacked and beaten. Muhammad Hussain deceased on seeing that his brothers were being attacked and beaten proceeded towards the scene of occurrence in order to get them relieved. Allegedly a fatal blow was given to Muhammad Hussain deceased by Muhammad Latif one of the accused‑applicants and after he bad fallen due to the infliction of fatal injury he was given fist and kick blows by the other accused‑applicants.
I have gone through the police file and feel that the accused‑applicants except Muhammad Latif may be allowed bail as in view of the statements made by the eye‑witnesses before the police, it was deemed proper to grant bail to the persons who were not attributed fatal injury to be given to Muhammad Hussain, deceased. This is to be seen by the trial Court whether joint liability of the persons to whom the bail is granted is there or not. This is a matter to be determined by the trial Court and so I need not touch the merits of the case on the point.
That being so, Inayat Khan, Sadiq and Hanif shall be released on bail subject td their furnishing security in the amount of Rs. 10,000 each and the personal bonds in the like amount to‑the satisfaction of the Additional District Magistrate, Kotli. A copy of this. order alongwith the record of the case shall be sent to the Additional District Magistrate, Koth for necessary action. The police file shall be delivered to the police and the Judicial files shall onward be sent to the District Criminal Court by the Additional District Magistrate, Kotli.
Order accordingly.
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