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THE STATE versus NOOR MUHAMMAD


Criminal Code of Conduct (CR PC) Sections 341 and 361 (XLV of 1860) Sections 302/307 Do not understand any language other than the language of deaf and dumb, gestures and gestures, to communicate the evidence through gestures. No attempt was made to deliberately and properly defend itself, Section 361, CR PC mandatory provisions were not observed
1987 M L D 1026

[Lahore]

Before Muhammad Munir Khan, J

Mst. SAMEENA NAZ--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 1847/13 of 1984, decided on 9th July, 1984.

Criminal Procedure Code (V of 1898)--

---S. 497--Penal Code (XLV of 1860) S. 307/199--Bail--Accused a woman- Stated to be not present at time of occurrence--Case covered under 5.497, second proviso Cr.P.C.--Bail granted.

Ch. Muhammad Azeem for Petitioner.

Faiz-ur-Rehman for the State.

Date of hearing: 9th July, 1984.

ORDER

This is an application for bail on behalf of Mst. Sameena Naz petitioner in a case under section 307/109, P.P.C., registered at P.S. Badami Bagh, Lahore vide F.I.R. No. 221/84, dated 14-6-1984.

2. The prosecution case is that tl-e petitioner abetted Nazir Ahmad co-accused who launched murderous assault on Shaukat Ali, the father of the complainant and fired shots at him.

3. Learned counsel for the petitioner submits that the petitioner was not present at the time of occurrence and as such her case is distinguishable.

Learned counsel for the State however, opposed the plea for bail of the petitioner,

"4. After hearing the learned counsel for the parties I find that the petitioner was not present at the time of occurrence and that she being a woman, her case falls within the second proviso to section A 497, Cr.P.C. To. my mind, it is a fit case for grant of bail. She shall be released on furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A tC. /Duty Magistrate, Lahore.

M.Y.H. Bail allowed.

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