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---S. 497-Bail-Oath---as to innocence of petitioner, accused of firing at prosecution witness, taken by a respectable person nominated by complainant himself-Bail earlier granted to petitioner confirmed, in circumstance.
Moeen-ud-din Chaudhry for Petitioner.
Mian Habib Ahmad Ansari for the State.
Petitioner is involved in a case under section 307/34, P. P. C. on the allegation that the petitioner fired at Allah Wasaya. The learned Magistrate after hearing the parties allowed bail vide order dated 5-10-1981 but the learned Additional Sessions Judge cancelled the bail vide order dated 13-12-1981. The petitioner has applied for bail.
2. Learned counsel for the petitioner has contended that there was a delay of 40 hours in lodging of the F. I. R. and there was no reason to delay the matter so long.
3. Muhammad Saleem, A. S. I. Police -Station Dajal, D. G. Khan, is present with record. He states that the complainant had offered that if on Allah Wasaya were to take an oath about the innocence of the petitioner, the petitioner would be taken as innocent. But even after his taking of oath about the innocence of the petitioner, the petitioner has not been released. However the case has been sent up for trial.
4. The petitioner was allowed bail by my learned brother Mr. Justice Lehrasap Khan on 22-12-1981. After hearing the learned counsel for the parties, I am of the view that in the circumstances there is no reason not to confirm the said order and, therefore, the bail earlier granted to the petitioner is confirmed.
Interim bail confirmed.
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