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Criminal Petition No. 169 of 1982, decided on 22nd June, 1982.
(Against the order of the Lahore High Court dated, 4‑4‑1987, passed in Cr. Misc. No. 766 ‑B‑82).
Criminal Procedure Code (V of 1898)‑
‑‑ S. 497‑Bail‑Case of accused petitioner similar to that of his co‑
accused already released on bail by Sessions Judge‑Petitioner, held, also entitled to bail.
Muhammad Iqbal, Advocate Supreme Court with Sheikh Sallahuddin, Advocate‑on‑Record for Petitioner.
Tanvir Ahmad Khan, Assistant Advocate‑General for the State.
Date of bearing : 22nd June, 1982.
ASLAM RIAZ HUSSAIN, J.
‑‑Khadim Hussain petitioner was accused along-with some others of offences under section 302/148/149, P. P. C. His co‑accused Ramzan and Rafiq Masih were granted bail by the learned Sessions Judge, Faisalabad, but the application of petitioner was dismissed on the ground that his bail application had earlier been dismissed by the High Court. The petitioner again filed an application for grant of bail before the High Court which was dismissed on the ground that his earlier bail application had been dismissed.
Hence the present petition.
2. Learned counsel for the petitioner submitted that his case is abso lutely at bar with that of the aforementioned co‑accused who have been allowed bail by the learned Sessions Judge.
We issued notice to the Advocate‑General who has appeared in response thereto.
3. After hearing the learned counsel for the parties and going through the material before us we are inclined to agree with the petitioner's counsel that his case is similar to that of his co‑accused released on bail by the Ses sions Judge. We, therefore, feel that the petitioner is also entitled to bail. The petition is converted into appeal and the petitioner is allowed bail I the sum of Rs. 20,000 with two sureties, each in the like a Mount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Faisalabad.
Appeal allowed. Bail granted.
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