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Criminal Miscellaneous No. 2700-B of 1984, decided on 20th October, 1984.

Criminal Procedure Code (V of 1898)---

---S. 497--Penal Code (XLV of 1860), S.148/302/149--Bail, grant of- Accused found innocent during investigation--Accused had not fired any shot at deceased--Case of accused falling under first proviso to S.497, Cr.P.C.--Accused granted bail in circumstances.

Sardar Muhammad Akram for the Petitioner.

M. Saleem Shad for the State.

Mst. Sajida Durrani had previously filed petition for bail before arrest which was dismissed by this Court vide order, dated 28-8-1984. The second petition for bail after arrest has been moved on the ground that the petitioner was found innocent during the investigation of the case and her case was also covered under first proviso to section 497, Cr.P.C. It has been contended by the learned counsel for the petitioner that the petitioner had not fired any shot at the deceased.

2. I have gone through the case diary and perused Zimni, dated 1-9-1984 recorded by D.S.P. Mughalpura. He came to the conclusion that Mst. Sapda Durrani was innocent and was-being involved at. the instance of her political rival Mian Ilyas. He gave direction that she be got discharged. An application was moved before the Magistrate who did not accede to the request of the police. Another application was moved in the Court of Session for the discharge of Mst.Sajida Durrani but that too was rejected.

3. In view of the fact that the petitioner was found innocent during) the investigation of the case and had not fired any shot at the deceased and her case was also covered under first proviso to section 497,' Cr. P. C . , I admit her to bail in the sum of Rupees two lac with two sureties in the like amount to the satisfaction of the Sessions Judge.

S.A.

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