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MUHAMMAD RIAZ versus STATE


Criminal Code of Conduct (CCPC) Section 497 Panel Code (XLV of 1860), Section 302/34 bail, found empty handed by the suspect's Grant Investigation Officer, deadly bullets fired by a co-accused Not declared innocent, further investigation is underway. Bail granted in the circumstances

1987 P Cr. L J 288

[Lahore]

Before Ijaz Nisar, J

MUHAMMAD RIAZ and another--Petitioners

versus

THE STATE--Respondent

Criminal Miscellaneous No.3165/B of 1986, decided on 21st December, 1986.

Criminal Procedure Code (V of 1898)--

---S. 497--Penal Code (XLV of 1860), S. 302/34--Bail, grant of--Accused found empty-handed by Investigating Officer--Fatal shots fired by co-accused--Accused not declared innocent--Case, being that of further inquiry, bail granted in circumstances.

M. Asghar Bokhari for Petitioners.

Faiz Muhammad Sadiq for the State.

ORDER

Muhammad Riaz and Khan Muhammad petitioners alongwith Sultan co-accused stand charged with the murder of Abdul Razzaq on 30-6-1986.

2. It is stated that the petitioners who were armed with .12 bore pistols and Sultan while armed with a revolver fired shot-at the deceased which proved fatal.

3. Bail is pleaded on the ground that it was found in the investigation that the petitioners were empty-handed and that only Sultan co-accused had fired revolver shot at the deceased which proved fatal.

4. Learned counsel for the State concedes that this is the finding of the Investigating Officers including the D.S.P. (HQ) but he has opposed the bail on the ground that the Investigating Officers have not declared the petitioners to be innocent.

5. Keeping in view the conclusion arrived at by the Investigating Officer, it appears to be a case of further inquiry. Accordingly, I admit the petitioners to bail in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of A . C., Mianwali.

S.A. Bail allowed.

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