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Criminal Miscellaneous No. 1295/B of 1983, decided on 24th October, 1983.
---S 497--Penal Code (XLV of 1860), S.302--Bail, grant of--Petitioner also suffering one grievous injury by fire-arm and question as to which party was aggressor yet to be determined by trial Court--Held: A case of further inquiry in circumstances--Petitioners allowed bail.
Muhammad Bashir Khan for Petitioner.
Altaf Ibrahim Qureshi for the State.
Date of hearing: 24th October, 1983.
Petitioner alongwith one other is accused of offence under section 302/34, P.P.C. Petitioner passed through the lane of the complainant party to which objection was taken. Complainant, who was accompanied by the deceased followed the petitioner when 'the petitioner opened fire killing the deceased in the adjacent lane. It was stated in the F.I.R. that Muhammad Ramzan P.W. caused brick-bat injury to Muhammad Afzal petitioner. According to the medical evidence petitioner was examined on the very day on which F.I.R. was registered and the medico-legal report discloses that the petitioner had suffered one grievous injury by fire-arm. In the circumstances the case against petitioner is of further inquiry. It will be for the trial Court to determine as to who was the aggressor. Therefore, I order release of the petitioner on bail subject to his furnishing security in the sum of Rs. 25,000 (Rupees twenty-five thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate Multan.
S . G . D . Bail allowed.
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