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Criminal Miscellaneous No. 35/B of 1984, decided on 23rd January, 1984.
-- S. 497-Bail-Only passing remarks given in first informa tion report that deceased done to death as a result of conspiracy of accused but names of witnesses who heard accused conspiring with co-accused not mentioned in first information report-Accused found innocent during investigation and not stated to be present at spot-Bail granted.
Ch. Muhammad Shaukat Tarar for Petitioner.
Altaf Hussain for the Complainant.
I have been taken through the F. I. R. of this case. Even according to the prosecution, the petitioner was not present at the spot. It was alleged by Mukhtar that murder of Sai Muhammad had been committed as a result of conspiracy hatched by Anar petitioner.
2. The learned counsel for the petitioner contends that the petitioner was operated upon in Civil Hospital, Phalia, on 17th September, 1983 for kidney and he remained in hospital till 4th October, 1983; that the petitioner was found innocent during the investigation of the case and at one time his name was shown in column No. 2 of the challan.
3. There is only passing remark in the F. I. R. that Sai Muhammad was done to death as a result of conspiracy of Anar petitioner. The names of the witnesses, who heard the petitioner conspiring with the co-accused are not mentioned in the F. I. R. Three witnesses had made statement twelve days after the occurrence. Since the petitioner was found innocent during the investigation of the case and he was not stated to be present at the time of occurrence, I admit him to bail in the sum of Rupees twenty thousand with two sureties in the like amount to the satisfaction of Assistant Commissioner Gujrat.
M. Y. H Bail granted.
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