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Criminal Miscellaneous No. 1250-B of 1982, decided on 14th November, 1982.
---S. 497--Penal Code (XLV of 1860), S. 302--Bail, grant, of--Petitioner ascribed Japha while his co-accused inflicted a blow on person of deceased with Sathra admittedly a carpenter's implement--Sessions Judge, held, exercised discretion in favour of petitioner in a proper and judicial manner, calling for no interference--Cancellation of bail granted by Sessions Judge declined, in circumstances.
Muhammad Bashir Khan for Petitioner.
Sahibzada Farooq Ali Khan for Respondents.
Ch. Nazir Ahmad for the State.
This petition has been moved by Nalk Muhammad complainant seeking cancellation of bail granted by the Sessions Judge, Multan, vide order, dated 16-9-1982 in murder case registered at Police Station Khanewal. Initially a case was registered against Khan Muhammad respondent and his father Allah Ditta on the allegation that Muhammad Shafi deceased and his brother Naik Muhammad complainant exchanged abuses with Allah Ditta accused as the latter refused to work his tubewell at the former's request. Immediately after the exchange of abuses Allah Ditta allegedly brought Sathra (an iron implement used by carpenters) and caused solitary blow on the neck of Muhammad Shafi while the respondent Khan Muhammad held him in his grip. Learned Sessions Judge, Multan, while granting bail to the respondent observed that only 'Japha' was ascribed to him (respondent) and it can well be argued that when the abuses were exchanged Allah Ditta in the heat of moment inflicted blow with Sathra with which he was working. It may be noted here that Sathra is an implement of work used by the carpenters and the respondent as well as his father are admittedly carpenters by profession save carefully gone through the order of the learned Session Judge and find that he had exercised the discretion in favour of the respondent in a proper and judicial manner which does not call for any interference. The result is that this petition has no force and is, hereby, dismissed.
S. G. D. Bail maintained.
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