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Criminal Miscellaneous No. 51/B of 1984, decided .on 23rd January, 1984.
‑‑‑S.498‑‑Penal Code (XLV of 1860), Ss. 302/34‑‑Bail‑‑Accused attributed a 'a ha and not stated to have joined co‑accused in launching attack‑ State not assailing any of grounds urged by accused including ground of alibi‑‑Investigation completed and challan being submitted in Court‑ Bail grated in circumstances.
Rana Badar Munir for Petitioner:
Noor Muhammad Paras for the State.
This is an application for post‑arrest bail on behalf of Mistri Barkat Masih in a case registered against him and others at Police Station Saddar Gujranwala, on 14th of September, 1983, under section ‑302/34, P.P.C. for the murder of Iqbal Masih.
2. It is alleged that on 14th of September, 1983, at about 2.00 p.m. on a dispute over flying of pigeons an altercation took place between Irshad Masih co‑accused of the petitioner and the deceased but the dispute was settled. However, on the same date at about 8.00 p.m. Irshad Masih and James Masih armed with Chhurries and Lazarus Masih and the petitioner, empty‑handed, came to the spot and on the lalkara of Lazarus Masih the petitioner caught hold of the deceased and his two co‑accused, namely, Irshad Masih and James Masih inflicted on him injuries with their Chhurries, as a result of which, had died later on in the hospital on the same date
3. Bail is sought on the grounds that the petitioner is not in any way connected with the co‑accused and he had no motive to join them in launching the attack and that the part attributed to him is merely japha which was unnecessary in the circumstances of the case and also on the plea of alibi. The learned counsel for the State has not been able to assail any the grounds urged by the learned counsel for the petitioner. The A.S.I. Mahmood Ahmad who has brought the record states that the investigation of the case has been completed and the challan is being submitted in the Court. In the circumstances, this application is accepted and the petitioner is admitted to bail in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner, Sadar, Gujranwala.
M. Y. H. Bail granted.
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