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Criminal Miscellaneous No. 832/6 of 1986, decided on 14th April, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Only role attributed to accused was of holding deceased in Jappha‑‑No injury to deceased was attributed to accused‑‑Question of sharing of common intention by accused with co‑accused, held, needed further inquiry‑‑Bail allowed in circumstances.

Shahid Hussain Kadri for Petitioner.

Nisar Qutab for the Complainant.

Muhammad Saleem for the State.

Date of hearing: 14th. April, 1986.

The only role attributed to the petitioner is of holding the deceased in Jappha while his brother Ali Asghar caused knife injuries to him .

2. Since the petitioner was empty‑handed and no injury to the deceased is attributed to him his case appears to be distinguishable from Ali Asghar the principal accused. The question of his sharing the common intention in the circumstances of the case needs further inquiry. Accordingly, I admit Ali Akbar petitioner to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala.

H.A.K. Bail allowed.

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