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Criminal Miscellaneous No. 3167/B, of 1986, decided on 22nd November, 1986.

---S. 497--Penal Code (XLV of 1860), S. 302--Bail,"grant of--No evidence against petitioner to connect him with commission of offence--Petitioner also found innocent during investigation and shown in column No. 2 of challan--Petitioner allowed bail, in circumstances.

Ch. Muhammad Hussain Chhachhar for Petitioner.

Sardar Khurshid for the State.

Qudrat Ullah alias Qudrat Ali petitioner has moved this petition of bail in a case registered against him and his son Muhammad Ayub under section 302/34, P.P.C.

2. The case was registered on 15-9-1986 on the application of Manzur Ahmad complainant wherein he alleged that his sister Mst.Pathani was murdered by her husband Muhammad Ayub and his father Qudrat Ullah petitioner either by strangulation or by administering poison and that her dead body should be exhumed to ascertain the cause of death. Consequently, the dead body was exhumed and post-mortem examination was conducted. The opinion regarding the cause of death was deferred till the receipt of report of the Chemical Examiner. The Chemical Examiner has reported that insecticide belonging to chlorinated hydrocarbon group was detected from liquefying mass from the sites of stomach, liver, bladder and skull.

3. Learned counsel for the petitioner contends and learned counsel for the State concedes that there is no evidence against the petitioner Perusal of the file also reveals that there is no evident against him. He has been found innocent during the investigation and shown in, column No.2 of the challan. In the circumstances, he is admitted to bail subject to furnishing security in the sum bf Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Okara.

S. G. D. Bail allowed.

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