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MUHAMMAD YAQOOB versus THE STATE


Criminal Code of Conduct (CCPC) Section 497 (1) of the Conduct Rule (XLV of 1860), Section 325 Guarantee, Approval of the Injury for Built Weapons The co-accused has already been granted bail, which has been put in a court case. Was held, was not banned. The section 497 (1) clause, the PC suspect is admitted to bail

1986 P Cr. L J 828

[Lahore]

Before Ijaz Nisar, J

MUHAMMAD YAQOOB Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 82/B of 1985, decided on 3rd February, 1985.

Criminal Procedure Code (V of 1898)‑‑--

‑‑‑S. 497(1)‑‑Penal Code (XLV of 1860), S. 325‑‑Bail, grant of‑‑Blunt weapon injuries‑‑Co‑accused already admitted to bail‑‑Challan having been put in Court‑‑Case, held, did not fall within prohibitory clause of S. 497(1), Cr.P.C.‑‑Accused admitted to bail.

Arshad Ali Chaudhry and Sultan Alam for Petitioner.

Riaz Babar for the State.

ORDER

The petitioner alongwith two others is charged in a case under section 325, P.P.C. for causing injuries to Yasin on 6‑11‑1984. The petitioner was arrested on 11‑11‑1984 and is in the judicial lock‑up since then. The injured was medically examined and five blunt injuries were found on his person, of which, one injury was grievous having caused fracture of the left ulna. The other co‑accused have already been admitted to bail.

2. Since the offence does not fall within the prohibitory Clause of section 497(1), Cr.P.C. and the challan has been put in the Court, II admit the petitioner to bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.

S.A. Bail accepted.

1986 P Cr. L J 829(1)

[Lahore]

Before Muhammad Sharif, J

SOOBEY KHAN and others Petitioners

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 2 of 1985 in Criminal Appeal No. 11 of 1983, decided on 25th March, 1985.

Criminal Procedure Code (V of 1898)

‑‑S. 426‑‑Penal Code (XLV of 1860j,e S. 148/307/149‑‑Suspension of sentence pending appeal‑‑Statutory period provided by S. 426, Cr.P.C. having been expired‑‑Accused allowed bail.

M. Sultan Alam for Petitioners.

Zafar Mahmood Anjum for the State.

ORDER

The petitioners have been convicted under sections 307/149 and 148 of the P.P.C. and have been awarded different terms of sentences each including life imprisonment each. They have petitioned for being released on bail.

2. The statutory period provided under section 426 of the Code of Criminal Procedure has expired. Learned counsel for the State has no objection if the petitioners are enlarged on bail. The petitioners are, therefore, enlarged on bail in the sum of Rs.60,000 each with one surety each in the like amount to the satisfaction of the A.C./Duty Magistrate, Multan till the disposal of this Appeal.

S.A. ‑‑‑‑‑ Sentence suspended.

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