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Criminal Miscellaneous No. 1363/B of 1982, decided on 10^th November, 1982.

-- Ss. 497 & 498-Penal Code (XLV of 1860), S. 302-Murder-- Bail-Accused murdering own wife on seeing her in objectionable position with her paramour-Eye-witness stating through affidavits that they bad not seen occurrence-Mother of deceased woman appearing before High Court and stating that she had pardoned accused in the name of Almighty God-Case, held, appearing to be that of compromise-Accused, granted bail in circumstances.

Moeenuddin Chaudhry for Petitioner.

Talib Hussain petitioner has approached this Court for the grant of bail after his prayer for bail was declined by the learned Additional Sessions Judge on 29th August, 1982. The petitioner is accused of having murdered his own wife on the night between 9/10th May, 1982 because he admittedly spotted her in objectionable position with her paramour. The occurrence was allegedly witnessed by Ghulam Qadir, Muhammad Sharif and Khushnaud Iqbal P. Ws.

2. All- the eye-witnesses have sworn affidavits to the effect that they did not see the occurrence. In order to verify the affidavits I had summoned the deponents to appear in this Court. They are present and have been identified by A. S. I Qasim Ali Shah, of Police Station Leiah. Mst. Rabia Bibi mother of the deceased has also appeared. She stated that she had pardoned the petitioner, in the name of Almighty God. It appears that it is a case of compromise. In these circumstances I am inclined to allow this petition. It is, therefore, directed that the petitioner be released on bail subject to his furnishing security in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Leiah.

M. Z. M. Bail granted.

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