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Criminal Miscellaneous No. 1223/B of 1982, decided on 4th August, 1982.
------S. 497-Bail, grant of-(Murder-case)-Cross-cases under S. 302, P. P. C. registered against parties and accused in counter case already on bail-Injury allegedly inflicted by petitioner to an eye-witness declared as simple and petitioner also declared innocent by Investigating Officer-Question of guilt of petitioner, held, needed further in quiry-Bail allowed, in circumstances.
M. Zafar Pasha for Petitioner.
S. Hamid Ali for the State.
Date of hearing : 4th August, 1982.
This is an application for bail on behalf of Riaz Ahmad petitioner in a case under section 302/307/148/ 149, P. P. C. registered at P. S. Sangla Hill, vide F. I. R. No. 98, dated 24th June, 1981.
2 The prosecution case is that the petitioner with 6 others in fur therance of their common object launched the murderous assault upon Malla and thereby caused his death and injuries to Ali and Sharif P. Ws on 24th June, 1981 in the area of Dera Bhattian. Chak No. 291
3. Learned counsel for the petitioner submits that there are cross-cases and it is yet to be determined as to who had opened the attack. He further submits that the petitioner did not cause any injury to the deceased. The learned counsel for the State has opposed this application. Shakil Ahmad A. S. I. has stated that there are cross-cases under section 302, P. P. C., Muhammad Sharif accused in the counter-case is on bail that the petitioner was declared innocent by the Investigating Officer on 12th July, 1981 and that the injury allegedly inflicted by the petitioner to eye-witness has been declared simple.
4. After hearing the learned counsel for the parties, I am of the opinion that in view of the statement made by the A. S. I. the question of the guilt of the petitioner needs further enquiry. He is accordingly allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C., Sheikhupura.
Bail granted.
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