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Criminal Miscellaneous No.3036-B of 1986, decided on 18th November, 1986.
---S. 497(5)--Penal Code (XLV of 1860). Ss. 302 & 307/34--Bail, cancellation of--Common intention--ineffective firing attributed to respondents--Question of sharing common intention with co-accused, requiring further inquiry--Cancellation declined.
Shahid Hussain Kadri for the Petitioner.
This is an application for the cancellation of bail of Abdul Karim and Abdul Majid respondents allowed to them in a case under section 302/307/34, P.P.C. allowed to them by this Court.
The respondent alongwith Abdur Rahim co-accused stood charged with the murder of Mst. Safia Iqbal deceased 11/12 years.
3. They were admitted to bail because only ineffective firing had been attributed to them.
The cancellation is sought, on the ground that since the respondents were also armed with guns they shared the common intention with the principal accused, namely, Abdur Rahim.
4. I have heard the learned counsel for the petitioner and do not find any substance in his contentions. Admittedly ineffective firing is attributed 'to the respondents. Therefore, the question as to whether they shared common intention with Abdur Rahim co-accused requires further inquiry. Consequently, the petition is dismissed.
S . A . Petition dismissed.
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