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Criminal Miscellaneous No. I90g.g of 1982, decided on 2nd August; 1982.
-----S. 497-Bail, grant of--Murder-case-Petitioner not present at spot at time of occurrence and allegation of instigating co-accused one day before occurrence to kill deceased requiring further enquiry-Bail allowed, in circumstances.
Raja Muhammad Yaqub Khan for Petitioner.
Iqbal Ahmad Cheema for the State.
This is an application for bail on behalf of Abdul Hameed under section 302/148/149, P. P. C. registered at P. S. Dijkot, vide F. I. R. No. 114, dated 14th June, 1982.
2 The prosecution case is that Hassan and 9 others in furtherance of their common object caused the death of Zahoor Hussain on 14th June, 1992 at 5-30 a.m. in the area of Chak No. 252/9. B. As for the petitioner it has been alleged that one day before the occurrence he had instigated the co-accused to do away with the deceased.
3. The learned counsel for the petitioner submits that the petitioner was not present at the spot and the only allegation against him is that one day before the occurrence be had instigated the co-accused to kill the deceased. The learned counsel for the State has opposed this application and has stated that the police has recorded the statement of Abdul Hameed and Rustam to the effect that the petitioner had instigated the co-accused to kill the deceased.
4. After hearing the learned counsel for the parties, I find that the petitioner was not present at the spot at the time of occurrence and the allegation of instigation in the circumstances of the case needs further enquiry. He is, therefore, allowed bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C., Faisalabad.
Bail granted.
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