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KHYZER HAYAT versus STATE


Criminal Code of Conduct (CR PC) Sections 497/498 and the Conduct Code (XLV of 1860), Section 302/148/149 are applicable to bail applicants but admit that the same section is not used with them. So only guarantees are guaranteed

1983 P Cr. L J 2279(1)

[Lahore]

Before Saeedur Rehman Khan, J

KHYZER HAYAT AND 2 OTHERS‑Petitioners

versus

THE STATE‑Respondent

Criminal Miscellaneous No. 751‑B of 1982, decided on 5th April, 1982

Criminal Procedure Code (V of 1898)

‑‑Ss. 497/498 and Penal Code (XLV of 1860), S. 302/148/149‑Bail Petitioners armed with hatchets but admittedly not using same Part attributed to them lalkara only‑Bail granted.

Mehr Ghulam Ali Mubashir for Petitioners.

Sardar Khurshid Ahmed for the State.

ORDER

The petitioners who are being prosecuted under sections 302/149 and 148 of the Pakistan Penal Code, in a case registered on 23rd July, 1981 with Police Station, Shahpur Sadar, District Sargodha, have come up to this Court for bail after this relief was declined to them by a learned Additional Sessions Judge at Sargodha vide order dated 3rd January, 1982.

2. They were armed with hatchets but admittedly did not use them. The only part attributed to them is that of a Lalkara. I, therefore, consider it a fit case for bail and direct that they shall be released subject to their furnishing bail bond in the sum of Rs. 25,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Shahpur.

M.Y.H. Bail granted.

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