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1987 P Cr. L J 1236
[Lahore]
Before Muhammad Munir Khan, J
Rana JAVAID AHMAD‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 638/B of 1982, decided on 30th May, 1982.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Petitioner declared innocent in police investigation, placed in column No. 2 of challan and a request made for his discharge‑‑Case, held, one of further inquiry, and bail allowed in circumstances.
Sahibzada Farooq Ali Khan for Petitioner.
This is an application for bail on behalf of Rana Javed Ahmad in a case under section 302/307/325/452/148/149, P.P.C. registered at P.S. Shu jaabad, vide F.I.R No. 214, dated 10‑7‑1981.
2. The prosecution case is that the petitioner alongwith 17 others in furtherance of their common object committed the double murder by causing the death of two persons namely Allah Bakhsh and Faiz Bakhsh and‑caused injuries to 16 persons on 10‑7‑1981 in the area of village Kalejpur.
3. As for the petitioner, it has been alleged that he was armed with a gun and fired at Allah Bakhsh and thereby caused his death
4. Learned counsel for the petitioner submits that the petitioner, who was a student at the time of occurrence has been declared innocent by C.I.A. Staff.
5. Khizar Hayat S.I., C.I.A. is present. He states that the petitioner has been found innocent and his name has been placed in column No. 2 of the challan. He further states that in the supplementary challan prepared by him, it has been requested that Rana Javed Ahmad, petitioner be discharged.
6. Learned counsel for the State has not controverted the Investigating Officer. After hearing the learned counsel for the parties, my considered opinion is that since the petitioner has been declared innocent, placed in column No. 2 and a request has been made for his discharge in this case, it is a case which requires further enquiry within the meanings of section 497(2), Cr.P.C. The petitioner is, therefore, allowed bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Shujaabad.
S.G.D./J‑4/L Bail allowed.
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