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MUHAMMAD YOUSAF versus STATE


Section 7 497 and P 498 guarantees the case of the guarantors as a co-accused who has already been granted bail by the trial court.

1983 S C M R 102(1)

Present: Aslam Riaz Hussain and M. S. H. Qureshi, JJ

MUHAMMAD YOUSAF‑Appellant

Versus

THE STATE‑Respondent

Criminal Appeal No. 32 of 1982 in Criminal Petition for Special Leave to Appeal No. 214 of 1982, decided on 14th June, 1982.

(Against the order of the Lahore High Court, dated 28‑4‑1982, passed in Criminal Miscellaneous No. 827/B/1982).

Criminal Procedure Code (V of 1898)‑

‑‑‑ Ss. 497 & 498‑Bail‑Petitioner's case found to be at par with that of his co‑accused already released by trial Court on bail‑Petition for leave to appeal converted into appeal and petitioner also ordered to be released on bail.

Muhammad Ismail Chaudhri, Advocate Supreme Court with Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.

S. D. Qureshi, Advocate Supreme Court and Sh. Ijaz Ali, Advocate‑on -Record for the State

Date of hearing : 14th June, 1982.

ORDER

ASLAM RIAZ HUSSAIN, J

.‑This petition by Muhammad Yousaf petitioner is directed against the order of the learned Single Judge of the Lahore High Court dated 28‑4‑1982, rejecting his bail application. He was accused along with four others for offence under sections 302/452/148 and 149, P. P. C. His co‑accused namely, Muhammad Arif, was granted pre‑arrest bail by the Additional Sessions Judge.

2. The case had come up earlier for hearing on 9‑6‑1982, when we issued notice to the State, and Mr. S. D. Qureshi, appeared in compliance thereof.

3. After hearing the learned counsel for the petitioner and the State, w think that Muhammad Yousaf petitioner's case is at par with that of Muhammad Arif co‑accused. We, therefore, convert this petition into appeal and grant bail to him in the sum of Rs. 20,000 with two sureties, each in the alike amount to the satisfaction of Assistant Commissioner/Duty Magistrate.

Bail granted.

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