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Criminal Miscellaneous No. 3002/B of 1983, decided on 12th February, 1984.
---S. 497--Penal Code (XLV of 1860), S. 302/34/109--Bail--No overt act attributed to accused and only allegation against him being that he had gone towards deceased alongwith co-accused and both of them ran away from spot together--Case for enlargement of accused on bail, held, made out.
Muhammad Yaqub Punnu Barrister-at-Law for Petitioner.
Muhammad Naeem for the State.
Muhammad Arif petitioner has moved this petition for bail in a case registered against him and another under section 302/34/109, P.P.C.
The F.I.R. version is that on 31st August, 1983 at 8-30 p.m. co-accused Jamil alias Jeela gave Chhuri blows to Muhammad Aslam alias Achoo deceased as a result of which he died at the spot. Thereafter Muhammad Bashir P.W, informed the complainant that Jamil alias Jeela co-accused and Muhammad Arif petitioner had gone towards the deceased together.
2. I have heard the learned counsel for the parties and gone through the relevant material. No overt act has been attributed to the petitioner. The only allegation against him is that he had gone towards the deceased alongwith his co-accused and both of them ran away from the spot together. I therefore, feel inclined to the view that a case for the enlargment of the petitioner is made out. Consequently, I admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Faisalabad.
M. Y. H. Bail granted.
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