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Criminal Misc No. 1993‑B of 1985, decided on 16th September, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Admittedly petitioner empty‑handed and no injury to deceased attributed to him‑ Petitioner allowed bail, in circumstances.

Muhammad Hussain Chachhar for Petitioners.

Muhammad Aslam Chatha for the Complainant.

Abdul Waheed for the State.

Date of hearing: 16th September, 1985.

Amir petitioner has moved this petition for bail in a case registered against him and his brother Amin under section 302/34, P.P.C.

2. The allegations are that on 10th May, 1985 at about 3 p.m. The petitioner was empty‑handed and his brother Amin armed with a pistol confronted Jaffar deceased in the street. Amir petitioner exhorted his co‑accused to kill the deceased, upon which he fired twice hitting his chest as a result of which he died at the spot.

3. I have heard the learned counsel for the parties. Admittedly the petitioner was empty‑handed and no injury to the deceased has been attributed to him. Only a proverbial Lalkara has been attributed to him. In the circumstances, I feel inclined; to the view, that a case A for his enlargement is made out, I therefore, admit him to bail in the sum of Rs.25,000 with two sureties in the like amount satisfaction of Assistant Commissioner/Duty ‑Magistrate, Okara.

S.G.D. Bail allowed.

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