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EHSAN ULLAH versus THE STATE


Criminal Code of Conduct (CRPC) Section 497 in support of requests for bail that have been raised in connection with a deep appreciation of bail that could not take place at the bailout stage The defendant in the trial is related to the other party Has been jailed and his co-accused allowed only interim bail to take the examination against a serious accused on the charge of not disclosing the serious and factual nature.
1987 M L D 1129

[Lahore]

Before Afrasiab Khan, J

ALI SHER--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No.2867/B of 1987, decided on 31st August, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860) S. 302/34--Bai1, grant of- Co-accused, attributed similar allegations as were attributed to accused, who was granted bail--Accused also admitted to bail.

Q. M . Salim for Petitioner.

Farrukh Humayun for the State.

ORDER

The petitioner Ali Sher moved this petition for bail after arrest under section 497, Cr.P.C. in a case registered against him under section 302/34, P.P.C. at police station Pir Mahal, District Toba Tek Singh vide F.I.R.No.42/87 dated 10-3-1987.

2. It is argued that the only allegation against' the petitioner is that he held the deceased by her legs. It is next argued that there are no marks of injuries found on the legs of the deceased. Lastly it is submitted that the co-accused .Zafar under similar circumstances was allowed bail by this Court vide order dated 25-7-1987 in Cr.M. No.2385/B-87. Learned counsel appearing for the State submitted that in the above-referred case, the co-accused Zafar was found innocent by the Investigating Officer, whereas in the case in hand the petitioner has been found guilty by the police. Be that as it may, the fact remains that similar allegations were attributed to the petitioner Ali Sher as well as Zafar. The co-accused Zafar has been admitted to bail by this Court and as such, the present petitioner is also admitted to bail in the sum of Rs.50,000.(Rupees fifty thousand) with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/D,uty Magistrate, Toba Tek Singh.

M.Y.H/A-167/L Bail granted

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