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Criminal Miscellaneous No.2339-B of 1987, decided on 28th July, 1987

--S.497--Penal Code (XLV of 1860), S.302/14/149/307--Bail, grant of Accused not doing any overt act in commission of crime and their case one of further inquiry--Bail granted.

Liaqat Ali Sindhu for Petitioners.

Muhammad Rafique Butt for the State.

Date of hearing: 28th July, 1987.

The petitioners, Zafar son of Muhammad and Allah Ditta son of Sajawal, have moved this petition under section 497 Cr.P.C. for bail after arrest in a case under sections 302/14/149/307 P.P.C. arising .out of FIR No.63/86 dated 14-4-1986 registered against them at Police Station Pindi Bhattian, District Gujranwala.

2. It is argued that the only allegation against the petitioners that they raised lalkara on the spot and that both were empty handed. It is further -argued that no injury whatsoever is attributed to the petitioners. The learned state counsel submitted that all the accused persons including the two petitioners had the common object to murder Inayat and Mst. Akhtari deceased.

3. The petitioners did not do any overt act in the commission of the crime and, therefore, their case is a case of further enquiry.

4. Without expressing any opinion on the merits of the case I admit the petitioners to bail in the sum of Rs.30,000 (Rupees thirty B thousand) each with two sureties each of the like amount to the satisfaction of the A.C. Gujranwala.

M.Y.H./Z-28/L Bail allowed.

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