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SARWAR versus THE STATE


Third Applicant's Grant of Criminal Procedure Code (CRPC) Sections 453 Fault Code (XLV of 1860), Sections 302, 307, and 323/148/149 Guarantees, Plaintiffs with Plaintiffs Arrested None of the applicants allegedly fired in the air received any injury to the deceased applicant, allowing them to bail in these circumstances.

1986 P Cr. L J 2802(1)

[Lahore]

Before Mazharul Haq, J

SARWAR and others‑‑Petitioners

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 814‑B of 1986, decided on 13th April, 1986.

Criminal Procedure Code (V of 1898)

‑‑‑S. 453‑Pefl Code (XLV of 1860), Ss. 302, 307 & 323/148/149‑‑Bail, grant of‑‑Two of petitioners causing simple injuries to prosecution witnesses with sharp‑edged weapons‑‑Third petitioner allegedly fired in air‑‑None of petitioners caused any injury to deceased‑‑Petitioners allowed bail in circumstances.

Farooq Hussain Naqvi for Petitioners.

Malik Rehmat Khan Awan for the State.

Date of hearing: 13th April, 1986.

ORDER

Sarwar, Ilyas and Afzal petitioners alongwith five others are accused of the murder of Abdul Wahid and for having murderously assaulted three witnesses of the crime. The case was registered against at Police Station, Jaranwala on 29‑8‑1985.

2. The background of the crime in this case is political rivalry. Sarwar petitioner was armed with a Datar, Ilyas with a dagger and Afzal with a carbine. The role attributed to the first two was an injury to the prosecution witnesses. They have not touched the deceased. Similarly Afzal allegedly fired in the air. The fire‑arm injuries suffered by the deceased are attributed to Anwar and Shaukat. The injuries suffered by the witnesses at the hands of the aforementioned two petitioners are simple in nature. They are, therefore, allowed bail. Since Afzal did not fire at any one, he is also allowed bail. The petitioners shall furnish sureties in the sum of Rs.25,000 (Twenty‑five thousand) each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Jaranwala.

H.A.K. Bail allowed.

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