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Criminal Miscellaneous No. 1312/B of 1986, decided on 26th March, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 387‑‑Bail, grant of‑‑Nobody hurt from complainant side‑‑Bail allowed in circumstances.
Mehr Ghulam Ali Mubashar for Petitioners.
Yasmin Saighal for the State.
The petitioners seek bail in a case under sections 148, 307/149, P.P.C. It is alleged that on 31‑3‑1986 they fired at the complainant party who also retaliated as a result of which Muhammad Ijaz, brother of Mumtaz Khan petitioner was killed for which a case under section 302/ 34, P.P.C., was got registered on the same day against the complainant party on the report of Mumtaz Khan petitioner. Except one the other accused of the said case have been arrested. On the sane day on the report of Nemat Ullah the present case was registered against the petitioners under sections'148, 307/149, P.P.C.
2. It is contended that this base is to counter‑weigh the earlier case got registered by the petitioners pertaining to the murder of Muhammad Ijaz and further that nobody had received any hurt and further that three of the companions of the petitioners have been found innocent by the police. Muhammad Ijaz deceased is said to be the real brother of Mumtaz Khan petitioner.
3. As nobody has been hurt from the complainant side I admit the petitioners namely, Muhammad Ashraf and Khizar, Hayat sons of Haji Sher Khan, Mumtaz Khan and Gul Muhammad sons of Sahab Khan and Gul Muhammad alias Ghullu son of Lai Khan to bail in the sum of Rs.15,000 each with two sureties each in the like amount to the satisfaction of A.C., Shahpur.
S.G.D. Bail granted.
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