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Criminal Miscellaneous No.1032‑B of 1986, decided on 4th May, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Petitioner killing his unmarried sister and her paramour finding them together in compromising position‑‑Question of sudden and grave provocation, held, could not be ruled out, in circumstance‑‑Petitioner allowed bail.
Ijaz Hussain Batalvi with M.A. Zafar for Petitioner.
Arshad Hussain for the State.
Date of hearing: 4th May, 1986.
Muhammad Razzak petitioner is accused of the murder of his sister Mst. Maqbool Bibi and her paramour Khadim Hussain. The case was registered against him at Police Station Saddar Faisalabad on 12‑12‑1985.
2. It is prosecution's own case that the petitioner saw his sister with Khadim Hussain in his Baithak at night. Upon provocation he killed him, thereafter he also killed his sister. The Chemical Examiner's report reveals that vaginal swabs, shirt and Shalwar of Mst. Maqbool Bibi were stained with semens. Admittedly she was an unmarried woman. Learned State Counsel contended that the occurrence took place in the house of Khadim Hussain (deceased) and the petitioner had come prepared) to kill him. Even that be so, the question of grave and sudden provocation prima facie cannot be ruled out, particularly, when the parties are neighbours. Petitioner under the circumstances is allowed bail in the sum of Rs.25,000 (Rupees twenty‑five thousand) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Faisalabad.
S.G.D. Bail allowed.
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