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Criminal Miscellaneous No.71‑B of 1984, decided on 7th February, 1984.
---S.497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Ineffective firing attributed to petitioner and he was not identified by witnesses as one of assailants in identification parade‑‑Petitioner allowed bail, in circumstances.
---S.497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Petitioner correctly picked up in identification parade besides a specific injury to deceased attributed to him‑‑Petitioner declined bail, in circumstances.
Sardar M. Latif Khan Khosa for Petitioners.
Altaf Ibrahim Qureshi for the State.
Amir and Manzoor petitioners who are accused of an offence under section 302, P.P.C. etc. were denied bail by the learned Sessions Judge on the ground that the crime empties recovered from the place of occurrence matched with the guns recovered from these two peti tioners. The case of Amir is, however, distinguishable from that of Manzoor in the sense that according to the F.I.R. ineffective firing has been attributed to him and secondly he could not be identified by the witnesses who joined the identification parade.' As regards Manzoor he was correctly picked up in the identification parade. A specific injury to Ansar deceased has been attributed to him. Manzoor petitioner is, therefore, not entitled for the grant of bail. Amir petitioner may be released on bail if he furnishes‑ bail bond in the sum of Rs.20,000 (Rupees twenty thousand) with two sureties each in the like amount to the satisfaction of A. C., Khanewal.
S. G. D. Order accordingly
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