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Initializing Secure Chambers
Petitioner: JAMIL KHAN VS Respondent: THE STATE and another
Court Name: Peshawar High Court Judge(s): Ejaz Afzal Khan Title: JAMIL KHAN vs THE STATE and another Case No.: Criminal Miscellaneous Bail Petition No,768 of 2005 Date of Judgment:2005-08-26 Reported As: 2005 P C R L J 2003 Result: Bail granted
JUDGMENT
JUDGMENT ' EJAZ AFZAL KHAN, J.--- Jamil Khan, petitioner herein, who is charged in a case registered against him under section 324/34, P.P.C., vide F.I.R. No,303 dated 25-6-2005, Police Station Naurang, seeks his release on bail mainly on the ground that the story of catching hold of a person being tired at, is not believable on the face of it and that the learned Additional Sessions Judge has not exercised his discretion judicially by refusing bail. 2. As against that, the learned A.A.-G. Does not seriously dispute this proposition. 3. I have gone through the record carefully and considered the submissions of the learned counsel for the parties. 4. The story of catching hold of a person who is fired at prima facie appears to be unbelievable as no person will expose himself to the risk of being hit by doing so. Therefore, a case for bail is made out. 5. For the reasons discussed above, this petition is allowed and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs,10,000 (Rs ten thousand) with one surety to the satisfaction of Illaqa/Judicial Magistrate.