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GULAB KHAN versus STATE


Grant of all witnesses assembled for non-appearance at the relevant time in their statements under Criminal Code of Conduct (CRPC) Section 497 Panel Code (XLV of 1860), Section 302 Guarantee, Section 164 In the CRPC case, further order has been issued for inquiry bail bail

1987 P Cr. L J 1307

[Lahore]

Before Ijaz Nisar, J

GULAB KHAN‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 36/B of 1987, decided on 24th January, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑All eye witnesses deposing to be not present at spot at relevant time in their statements under S. 164, Cr.P.C.‑‑Case held to be of further inquiry‑‑ Bail granted in circumstances.

Malik Nazar Farid Khokhar for Petitioner.

Ch. Muhammad Hussain Chadhhar for the Complainant.

JUDGMENT

The petitioner stands charged with the murder of Naimat Ali deceased with rifle shot on 18‑6‑1986. The occurrence was witnessed by Muhammad Shafi, Hakim Ali and Asghar Ali.

2. Bail is claimed on the ground that all the three eye‑witnesses have got their statements recorded under section 164, Cr.P.C. to the effect that they were not present at the spot at the relevant time. Learned counsel for the complainant confirms this position.

3. In this view of the matter, it is case of further inquiry. Accordingly I grant the petition and. admit the petitioner on bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of A.C., Okara.

S.A./G‑24/L Bail allowed.

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