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Criminal Miscellaneous No.2 of 1986 in Criminal Appeal No. 541 of 1985, decided on 6th May, 1986.
‑‑‑S. 426‑‑Penal Code (XLV of 1860), S.302‑‑Suspension of sentence‑ General allegation against accused of having fired at deceased‑‑Nobody from complainant party hit‑‑A passerby injured as result of firing‑ Injured not knowing as to who fired at him‑‑Case of accused found identical with other‑‑Sentence of accused was suspended and were released on bail in circumstances.
Shaukat Rafique Bajwa for Petitioners.
Riaz Ali Abbasi for the State.
In continuation of our order, dated 20‑4‑1986 it is stated that the case of these two petitioners is identical to that of Saee son of Ali Muhammad, Sohni and Ghulam Rasul because even as against them a general allegation has been levelled that they fired at the deceased but they did not hit any member of the complainant party and in the course of this one passerby, namely Fateh Muhammad was injured who had stated in his statement before the trial Court that he did not know as to who had fired at him.
2. In view of the above position, the sentence of Pervaiz Ahmed and Mukhtar petitioners is suspended and they are admitted to bail subject to their furnishing security in the sum of Rs.25,000 each with two sureties each in the like amount, to the satisfaction of A.C./Duty Magistrate, Mandi Bahauddin. This petition is disposed of.
S.A. Bail granted.
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