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Criminal Petition for Special Leave to Appeal No. 98 of 1983, decided on 7th May, 1983.
(On appeal from the judgment and order of Lahore High Court, Multan Bench, dated 18‑1‑1983, passed in Criminal Miscellaneous No. 61/13/83).
‑‑ Art. 185(3)‑Penal Code (XLV of 1860), S. 302‑Criminal Procedure Code (V of 1898), S. 497/498‑No blow attributed to accused causing death of deceased‑‑Co‑accused charged for dealing blows to deceased on his head in F. 1. R and medical evidence showing that deceased died of head injuries‑Other co‑accused admitted td bail by High Court Accused admitted to bail in circumstances.
Taj M. Khan Langah, Advocate Supreme Court and R. Maqbool A. Qadri, advocate‑on‑Record for Petitioner.
M. M. Saeed Beg, Advocate Supreme Court for the State.
Date of hearing : 7th May. 1983.
The petitioner, along with 4 other accused, was charged for the murder of Ajayab Khan deceased. He applied for bail to the Additional Sessions Judge, Vehari which was rejected by order dated 1‑9‑1982. He then applied for bail to the Lahore High Court which was again rejected vide impugned order dated 18‑1‑1983.
2. Learned counsel for the petitioner contended that no blow had been attributed to the petitioner causing the death of the deceased. In the F. I. R. the co‑accused of the petitioner have been charged for dealing blows to the deceased on his head and the medical evidence shows that the deceased died of the head injuries, and as such the petitioner cannot be held responsible for causing the fatal injuries to the deceased that the other co‑accused Sultan has been admitted to bail by the learned High Court vide order dated 20‑12‑1982. Notice was issued to the Advocate‑General vide order dated 27‑4‑1983. We admit the petitioner to bail in the sum of Rs. 20,00 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Mailsi.
M. Z. M. Petition accepted.
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