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Criminal Miscellaneous Petition No.1354 of 1987, decided on lath May, 1987.

---S.497--Penal Code (XLV of 1860), S.382--Bail, grant of--Eye witnesses including complainant refused to support allegation against accused in affidavit sworn by them--Question of guilt/innocence of accused requiring further inquiry--Bail granted.

Ch. Muhammad Saleem Raza for Petitioner.

Ch. Ashraf Hijazee for the State.

This is an application for the grant of bail to Muhammad Tanveer Ahmad petitioner in a case under section 382 PPC registered at Police Station North Cantt, Lahore vide FIR No.95/1987 dated 19-3-1987.

2. The allegations against the petitioner are that he forcibly snatched away Rs.200 and some other articles from Mst. Aisha Bibi complainant.

3. The learned counsel for the petitioner submits that the eye witnesses including the complainant have sworn affidavits exonerating the petitioner from the commission of the crime. Mst.Aisha Bibi comp lainant is very much present in the Court. She owns affidavit Annex: wherein she has exonerated the petitioner from the commission of offence. The learned counsel for the State is not in a position to controvert the submissions made by the learned counsel for the petitioner.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that all the eye-witnesses including the complainant have refused to support the allegations against the petitioner in affidavits sworn by them. That being the position, I am of: the view that the question of guilt/innocence of the petitioner requires further enquiry.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the P satisfaction of Assistant Commissioner, City/Duty Magistrate, Lahore.

M.Y.H./M-404/L Bail granted.

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