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Criminal Miscellaneous No.388/B of 1986, decided on 18th May, 1986.

--S.497--Penal Code (XLV of 1860), S.302--Bail, grant of--Petitioner, accused of killing his real sister, on suspicion of her being guilty of moral laxity--Parties compromised and witnesses voluntarily having sworn affidavits absolving petitioner--Petitioner allowed bail, in circumstances.

Muhammad Salim Malik for Petitioner.

Riaz Ahmad Khan Babar for the State.

Shahru is accused of having murdered his sister Mst.Fatima with a Kassi on 30-3-1986 on the suspicion that she was guilty of moral laxity. The occurrence was allegedly witnessed by Allah Ditta and Allah Bakhsh, cousins of the deceased and Ghazi, her husband. The report was lodged by the husband of the deceased at the police station. Having remained unsuccessful in the lower Court the petitioner has approached this Court for the grant of bail.

2. It is stated that the parties have compromised and in pursuance thereof Ghazi, Allah Ditta and Allah Bakhsh PWs have sworn affidavits absolving the petitioner. I had sent for the parents of the deceased, namely, Faiz Muhammad (father) and Mst. Jannat mother of the deceased. Both of the them are present in Court besides the aforementioned eye-witnesses. They all have stated that they have compromised with the petitioner and they had voluntarily sworn affidavits.

3. In the circumstances, this petition is allowed. The petitioner is directed to be released subject to his furnishing bail-bonds in the' sum of Rs.20,000 with two sureties each in like amount to the satisfaction of A.C./Duty Magistrate, Dera Ghazi Khan.

S.G.D./S-73/L Bail granted.