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Criminal Miscellaneous No. 1771-B of 1982, decided on 31st July, 1982.
-- S. 497 read with Penal Code (XLV of 1860), S. 302-Bail, grant of-[Murder case]-- Petitioner, all of a sudden, giving a kick blow in abdomen whereby deceased falling down from bus, becoming un conscious and eventually expired-No enmity between parties and petitioner; in jail for over one year while early disposal of case not yet in sight-Bail allowed, in circumstances.
Ashiq Hussain Malik for Petitioner.
This is an application for bail on behalf of Muhammad Waris in a case under section 302, P. P. C. registered at P. S. Saddar, Shahpur, vide F. I. R. No. 78, dated 25th June, 1981.
2. The prosecution case is that the petitioner who was conductor of Bus No. 2245-S G gave a kick blow in the abdomen of the deceased whereby he fell down and became unconscious. As a result of injuries he died on 26th August, 1981.
3. The learned counsel for the petitioner submits that at the worse it may be a case punishable under section 325, P. P. C. which does not fall within the prohibitory clause. The learned counsel for the State has opposed this application on the ground that since the knowledge can be attributed to the petitioner a case under section 304, Part 11, P.P.C. is at least made out which falls within the prohibitory clause.
4. After hearing the learned counsel for the parties, I find that the occurrence took place all of a sudden; there was no previous enmity between the parties that the petitioner gave a kick-blow as a result of which the deceased fell down from the bus and became unconscious, that the petitioner is in jail for the last snore than one year and as stated by the counsel the early disposal of the case is not in sight.
5. Without making any expression lest it may prejudice the merit', of the case, I admit the petitioner to bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C., Sargodha.
S. G. D. Bail granted.
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