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MAHMOOD HUSSAIN versus STATE


Criminal Code of Conduct (CR PC) Section 497 Constitutional Code (XLV of 1860), Section 302 Guarantee, Applicant's grant is neither designated in the FIR nor allegedly caused any injury to the accused. Further investigation was a matter, in which case the applicant allowed bail

1987 P Cr. L J 870

[Lahore]

Before Ijaz Nisar, J

MAHMOOD HUSSAIN and another‑‑Petitioners

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 3587/B of 1986, decided on 4th February, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Petitioner neither named in F.I. R. nor allegedly causing any injury to deceased‑ Held, it was a case of further inquiry, in circumstances‑‑Petitioner allowed bail.

M. Naeem Ullah Khan Shervani for Petitioners.

Muhammad Rafi Siddiqui for the State.

ORDER

At the very outset it may be stated that learned counsel for the petitioner does not press the bail application of Mahmood Hussain. Accordingly, his application is dismissed.

2. As regards Abid Hussain petitioner, it is stated that he is named in the F.I. R. and further that only role of catching hold of Muhammad Shafi deceased is attributed to him in the supplementary statement made by Meraj Din complainant. He states that four other co‑accused were specifically mentioned in the F.I.R. but there was no mention at all of the persons or any other accused.

Since the petitioner is not alleged to have caused any injury to the deceased and his name does not find mention in the F.I. R. it seems to be a case of further inquiry. Accordingly, I grant the petition and admit the petitioner to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of A.C. Sialkot.

S.G.D./M‑22/L Bail allowed.

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