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Criminal Appeal No: 46 in Criminal Petition No. 216 of 1983, decided on 5th July, 1983.

(On appeal from the Judgment dated 22‑5‑1983 of the Lahore High Court in Cr. Misc. No. 1139/B of 1983).

‑-Art. 185(3)‑Criminal Procedure Code (V of 1898), S. 479 Leave to appeal‑Murder‑Bail‑Supreme Court dismissing petition and not allowing, bail to accused No. 1‑Bail, however, granted to accused No. 2 while converting petition into appeal which was allowed so far as accused No. 2 was concerned.

Raja Muhammad Sabir, Advocate Supreme Court and M. Aslam, Advocate‑on‑Record (absent) for Petitioners.

Muhammad Bilal, Advocate Supreme Court on behalf of A.‑G. Pb. for the State.

Date of hearing : 5th. July, 1983.

The petitioners alongwith 7 others are accused of the murder of Amir and in this connection a case has been registered against them on 29‑7‑1982 at Police Station Lalian, District Jhang. The appli cation preferred on behalf of the petitioners for being enlarged on bail having been dismissed by the High Court, hence this petition for leave to appeal.

Notice was issued to the Advocate‑General, Punjab and Mr. Muhammad Bilal has appeared on his behalf today and opposed the grant of bail to the petitioners.

After hearing learned counsel for both the parties we feel that no ground exists for releasing Haji. Mahmood, Petitioner No. 1, on bail. Hence this petition is dismissed so far as Haji Mahmood, Petitioner No. 1, is concerned.

However, we are inclined to grant bail to Waqar Ahmad, Petitioner No. 2 herein. Consequently, this petition is converted into an appeal and allowed so far as Waqar Ahmad son of Ghulam Hussain (Petitioner No. 2 herein) is concerned. He shall be released on bail on furnishing bail in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of the A. C. Chiniot.

Bail granted.

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