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Criminal Bail Application No.600 of 1986, decided on 29th May, 1986.
‑‑‑S.497‑‑Penal Code (XLV of 1860). 5.302‑‑Bail‑‑Co‑accused already admitted to bail‑‑Who was aggressor yet to be seen at trial‑‑Challan submitted but no evidence examined as yet‑‑Accused admitted to bail in circumstances.
Qurban Ali Chohan for Applicant.
Ahmad Khan Barakzai for Respondent.
A.A. Muhammad Ally, A A.‑G. for the State.
Coy‑accused A.S.I. Muhammad Rafique has been admitted to bail by this Court.
The facts of the case are that initially A.S.1. Muhammad Rafique lodged first information report wherein he has stated that he alongwith police party left for Nakabandi and during Nakabandi they saw two persons with one cow. They threw gobatas on A.S.I. Muhammad Rafique and constable Ali Nawaz and other person who was just behind. The first person, fired at police. In defence police also fired on them one person fell on the ground and was identified to be Shahid Hussain Shah. That man died and other person was arrested.
The second investigation teas conducted by Crimes Branch Hyderabad and according to that investigation the police pacer y had fired in self‑defence. The S.D.M. had conducted the enquiry in which it has been observed that A.S.I. Muhammad Rafique and the present applicants are responsible for the murder of deceased Shahid Hussain and also for suppression of facts.
However, during investigation statement of Hussain was recorded and he has admitted his guilt. Ayoob one of the prosecution witnesses has been examined under section 164 and he has also stated that his cow has been stolen. Subsequently they resiled from their statements.
The co‑accused has been admitted to bail. It is yet to be seen at the trial as to who is the aggressor Challan has been Submitted but no witness has yet been examined.
In the circumstances the applicants are admitted to bail in the sum of Rs.25,000 (Rupees twenty‑five thousand only) each and P.R.) Bond in the like amount to the satisfaction of the trial Court.
M . Y . H . Bail granted.
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