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Criminal Miscellaneous No. 1940/B of 1982, decided on 23rd August, 1982.
--S. 497 (1), proviso 1st-Bail, grant of-[Murder-case]-Petitioner attributed a solitary sota blow to deceased F. I. R. also lodged with a delay of 12 hours-Petitioner at time of commission of offence roughly 1.4 years 4 months and 13 days old-Petitioner admitted to bail, in circumstances.
Ch. Rahmat Ali for Petitioner.
Muhammad Iqbal for the State.
Date of bearing: 23rd August, 1982.
This is a petition under sections 497/498, Cr. P. C. by Pehlwan, petitioner No. 3, for bail in respect of a case instituted against him and six others under section 302/148/149, P. P. C. as Police Station Dipalpur on 15th August, 1981. Since the petition qua Faiz Ahmad and Mohammad Ramzan, petitioners Nos. l and 2, was dismissed in limine, their cases are not before me.
2. The prosecution case in brief is that Pehlwan, petitioner No. 3, in company with Faiz Ahmad and Mohammad Ramzan, petitioners Nos. 1 and 2, and four other co-accused, all armed with sotas ambushed and waylaid the complainant party causing the death of Barkhurdar, deceased, and his companion Mohammad Bashir injured P. W. and Ahmad Yar and Gulzar P. Ws. who later rushed to their rescue. Pehlwan, petitioner No. 3, is specifically attributed to have inflicted sota blows to Barkhurdar, deceased, in the F.I.R
3 I have heard the arguments of the learned counsel for the petitioner and the State. The petitioner at the time of commission of offence was roughly 14 years 4 months and 13 days, as is apparent from the School Leaving Certificate produced by him and lodged with the petition. The F. I. R. is alleged to have been lodged after a delay of 1.2 hours. Taking all circumstances into consideration, the petitioner has made out a case for his release on bail under the first proviso of subsection (1) of section 497 of the Criminal Procedure Code.
4. For the foregoing reasons, this petition is accepted and Pehlwan, petitioner No. 3, is released on bail, subject to his furnishing security in the sum of Rupees Twenty-Five Thousand (Rs. 25,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Dipalpur.
5. Copy of this order shall be supplied dasti to the petitioner on usual payment.
Bail allowed.
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