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AMANAT ALI versus STATE


Criminal Code of Conduct (CR PC) Section 497 Determination Code (XLV of 1860), Section 307 Bail, Grant of Guarantee The witness was executed by an eyewitness but tested for firearms witnesses. The investigation is still pending, the applicants have been detained. Bail out at this stage and renew the request for bail after examining the injured.

1985 M L D 1419

[Lahore]

Before Ghulam Mujaddid Mirza, J

AMANAT ALI and others--Petitioners

versus

THE STATE--Respondent

Criminal Miscellaneous No. 3322-B of 1984, decided on 22nd December, 1984.

Criminal Procedure Code (V of 1898)--

---S. 497--Penal Code (XLV of 1860), S. 307--Bail, grant of--Bail pressed on ground that an eye-witness exonerated petitioners However witnesses injured by fire arm yet to-be examined--Petitioners, held, not entitled to bail at this stage and to renew request for bail after injured persons examined.

Shahid Hussain Kadri for Petitioners.

S.D. Qureshi for the State..

Waheed-ud-Din Virk for the Complainant.

Date of hearing: 22nd December, 1984.

JUDGMENT

The two grow ds on which great stress was laid by the learned counsel for bail of the petitioners, who sire accused of murderous assault and other offences under the Penal Code, are that two of the co-accused, namely, Ghafoor and Yousaf had been bailed out. Secondly eye-witness by the name of Wilayat Ali exonerated the petitioners:

So far as the case of the co-accused, who have been bailed out, is concerned that is distinguishable. They have been given concession of bail on the ground of merits.

I have seen the statement of Wilayat Ali. No doubt he has given clearance certificate to the three petitioners, but Ghulam Ali and Ghulam Abbas, who have been injured by the fire-arm, are yet to be examined.

Therefore, at this stage I am not inclined to admit the petitioners to bail. The petition is dismissed with the observation that they may apply to the trial Court after the aforesaid two injured have teen examined.

S.G.D.

Bail refused.

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