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Criminal Miscellaneous No. 2250/B of 1985, decided on 19th October, 1985.
‑‑--‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Deceased allegedly having illicit relations with sister of accused, a co‑accused‑ Occurrence having taken place in house of accused‑‑Plea of grave and sudden provocation ‑‑Co‑accused already on bail‑‑Case being of further inquiry, bail was allowed in circumstances.
Ch. Muhammad Hussain Chhachhar for Petitioner.
Malik Abdur Rehman for the State.
Date of hearing: 19th October,1985.
The petitioner alongwith his sister Mst. Bashiran and sister's husband Khushi Muhammad stands charged with the murder of Bashir deceased on the night of 10/11‑4‑1985.
2. The prosecution case is that the deceased was suspected of maintaining illicit intimacy with Mst. Bashiran, sister of the petitioner and had enticed her away on two previous occasions. She was got restored through the intervention of a Punchayat. According to the prosecution, on the eventful night Mst. Bashiran called the deceased to her house where Muhammad Tufail petitioner and Khushi Muhammad co‑accused caught hold of him and gave Chhuri injuries to him which resulted in his death.
3. It is stated that the case is based on false allegations and the story of Mst. Bashiran calling the deceased to her house has been cooked up to provide justification for the presence of the deceased in the house of the petitioner. In actual fact it is stated that the deceased had gone to the house of Mst. Bashiran of his own and was surprised by the petitioner and Khushi Muhammad co‑accused and was done to death under grave and sudden provocation.
4. Mst. Bashiran and Khushi Muhammad co‑accused are on bail. Learned counsel for the petitioner has relied on Rehana and others v. The State 1984 S C M R 1557 where bail was granted by the Supreme Court in almost similar circumstances. He has also cited some other precedents.
5. In view of the circumstances narrated above, it appears to be a case of further inquiry. Accordingly, I adroit the petitioner to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Okara.
S.A. Bail accepted.
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