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Criminal Miscellaneous No.844-B of 1983, decided on 20th July, 1983.
--S. 497(2) read with Penal Code (XLV of 1860), 5.302--Bail, grant of--[Murder-case]--Admittedly petitioner armed with a deadly weapon like gun yet not making use of it despite enemy being available at hand--Case of petitioner, held, one of further enquiry as covered by subsection (21 of section 497, --C-r.P.C.--Petitioner allowed bail, in circumstances.
Syed Mushtaq Ahmad Shah for Petitioner Shahid Latif for the State.
Hazur Bakhsh petitioner, alongwith his real brother Doda were reported against by Karim Bakhsh at Police Station Choti for having caused the death of Noor Muhammad on 19-1-1983. The earlier bail applica tion moved by the petitioner was declined by the Additional Session, Judge on 19-6-1983, hence this petition.
2. Karim Bakhsh, complainant, brother of Noor Muhammad deceased, stated in the F.I.R. that he alongwith the deceased was working in his fields when the petitioner armed with a Kati suddenly emerged there and attacked Noor Muhammad. Hazur Bakhsh, petitioner, allegedly kept the witnesses away at the point of gun while his co-accused Doda gave two Kati blows on the person of Noor Muhammad, deceased as a result of which he died at the spot. During the investigation both Doda and that, petitioner were arrested.
3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
4. Admittedly, the petitioner though armed with a deadly weapon like gun did not make use of it despite the enemy being available at hand. In the circumstances it needs further inquiry as to whether the petitioner ever took part in the occurrence or not, and as such his case is covered by subsection (2) of section 497, Cr.P.C.
5. In this view of the matter, I am inclined to allow this petition. It is directed that the petitioner be released on bail subject to his furnishing a bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Dera Ghazi Khan.
S. G. D. Bail granted.
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