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Criminal Miscellaneous No. 777-B of 1983, decided on 3rd July, 1983.
---S.497(2) read with Penal Code (XLV of 1860), 5.302--Bail, grant of--[Murder-case]--Petitioner driving tractor, carrying his co-accused, and his joining co-accused for causing injuries to one person with hatchet, appearing unnecessary--Held: A case of further inquiry as covered by S.497(2) of Cr.P.C., in circumstances.
Taj Muhammad Khan Langha for Petitioner.
Muhammad Khalid Alvi for the State.
Abdul Sattar Goraya for Complainant.
Date of hearing: 3rd July, 1983.
Petitioner alongwith four others is accused of offence under sections 302/307//149 and 148, P.P.C. It is alleged that petitioner was driving a tractor in which he carried his co-accused and after stopping the tractor Barkhurdar, his co-accused, successively fired shots from a pistol and the petitioner with three other co-accused carrying a hatchet each caused as many as 22 hatchet injuries to Muhammad Shafi deceased who died on account of the injuries suffered by him. The motive given is previous murder in which the accused party was the complainant and petitioner was a prosecution witness.
2. It has been argued that according to the allegations petitioner was driving a tractor and was primarily concerned with it. It has been further submitted that no specific injury is attributed to the petitioner and according to the allegations four accused including the petitioner generally caused hatchet blows to the deceased. The grant of bail has been opposed by learned counsel for the State and for the complainant. It has been submitted that the trial of the case is going to commence on 9-7-1983, that petitioner is alleged to have caused injury to the deceased and the medical evidence supports it.
3. According to the allegations petitioner was driving the tractor and it was unnecessary for him to join his three co-accused for causing injuries to one person with hatchets. The case against the petitioner is of further inquiry covered by section 497(2), Cr.P.C. He is allowed bail subject to his furnishing security in the sum of Rs.25,000 (Rupees twenty five thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Vehari.
S. G. D. Bail granted.
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