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Criminal Miscellaneous No. 101‑B of 1985, decided on 16th February, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), 5.302/307‑‑Bail, grant of‑‑All witnesses and father of deceased having sworn affidavits exonerating petitioners from charge of murder‑‑Deceased's father also having moved District Magistrate for withdrawal of case against petitioners‑‑Held: A case of further inquiry, in circumstances‑‑Petitioners allowed a bail.

M. Sultan Alam for Petitioners.

M. Rahmat Ullah Qureshi for the State.

The petitioners alongwith three others stand arraigned on a charge under sections 148, 302, 307 and 324/149, P.P.C. for the murder of Muhammad Aslam deceased and for making a murderous assault on Faiz Muhammad P.W. with a hatchet and sticks on 7‑9‑1984.

The occurrence was witnessed by Sadiq, Hamad and Faiz Muhammad P.Ws. It took place on 7‑9‑1984 whereas the F.I.R. was lodged on 10‑9‑1984.

2. Bail is urged on the ground that three of the co‑accused are already on bail. All the three eye‑witnesses and Muhammad Ishaq, father of the deceased have sworn affidavits exonerating the petitioners from the charge of murdering Aslam deceased. It is further stated that the deceased's father has moved the District Magistrate Sahiwal for the withdrawal of the case against the petitioners.

3. In the above circumstances, it appears to be a case of further inquiry. Accordingly, I admit the petitioners to bail in the sum of Rs.2,000 each with two sureties each in the like amount to the satisfaction of R.M., Arifwala.

S.G.D. Bail granted.

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