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Criminal Miscellaneous No. 1179/B of 1981, decided on 12th January, 1982.
--------S. 497-Bail, grant of-Petitioners neither entering house nor present inside at time murderous assault launched on prosecution witness-Matter, held, required further inquiry-Bail allowed, in circumstances.
S. Murtaza Ali Zaidi for Petitioners.
Habib Ahmad Ansari for the State.
Date of hearing. 12th January, 1982.
This is an application for bail on behalf of Ali Muhammad and Muhammad Sharif in a case under section 458/307, P. P. C. read with section 13 of the Arms Ordinance, 1965, and section 17 of the Offences against Property (Enforcement of Hudood) Ordinance. 1979, registered at P. S. Saddar Multan, vide F. I. R. No. 335, dated 30th June, 1981.
The prosecution case is that on the night between 29th/30th June, 1981, the co-accused, namely Abdul Rah man and Muhammad Shafi along with others committed lurking house trespass and launched murderous assault upon Mujahid Hussain P. W. So far as the petitioners are concern ed, it is alleged that they had accompanied their co-accused to facilitate the commission of the crime.
2. Learned counsel for the petitioners submits that names of the petitioners are not mentioned in the F. I. R. and that no identification parade was held.
3. As against this, learned counsel for the State has seriously opposed this application. He submits that the alleged offences are punishable with imprisonment for life.
4. After hearing the learned counsel for the parties, I find that according to the F: I. R. the companions of Muhammad Shafi and Abdul Rahman did not enter the house and were not present inside at the time when murderous assault was launched upon Mujahid Hussain.
Without making any expression of opinion lest it may prejudice the merits of the case, I am of the view that so far as the petitioners are concerned, the matter requires further inquiry, They are, therefore, allow ed bail in the sum of Rs. 20,000 (rupees twenty thousand) each with one surety each in the like amount to the satisfaction of A. C., Multan.
Bail granted.
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