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ATTAULLAH KHAN versus STATE


Criminal Code of Conduct (CRPC) Section 497 Criminal Procedure (XLV of 1860), Section 302/34 Guarantee, the sanction of a motive against the accused or the cause of injury to a witness in no circumstances. Only ineffective firing is guaranteed

1987 P Cr. L J 846

[Lahore]

Before Sardar Muhammad Dogar, J

ATTA ULLAH KHAN‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 3486/B of 1986, decided on 27th January, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑No motive alleged against accused‑‑Accused not causing any injury to deceased or any witness‑‑Resorting only to ineffective firing‑‑Bail granted in circumstances.

M. Asghar Rokhari for Petitioner.

Muhammad Naeem for the State.

ORDER

The petitioner, who has been arrested in a case registered under section 302/307/34, P.P.C. Police Station Mochh, District Mianwali, seeks bail on the grounds that no motive is alleged against him: that no injury to the deceased, has been ascribed to him and that only ineffective A firing has been alleged against him. It is submitted that the petitioner is in jail since September, 19135 and the case has not been fixed so far.

2. The contentions raised by learned counsel for the petitioner are not controverted by learned counsel for the State. In fact, learned counsel for the State has not seriously opposed the grant of bail.

3. Apart from the fact that the petitioner has not been attributed any injury to the deceased, even the witnesses, who are stated to have been injured, had received injuries at the hands of other accused.

In the circumstances, the petition is accepted and the petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. twenty‑five thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.

S.A./A‑10/L Bail granted.

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