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Petitioner: MUHAMMAD ASLAM ALIAS PAPPU VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1866
[Lahore]
Before mad Rafiq Tarar, J
MUHAMMAD ASLAM alias PAPPU‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 1092/B of 1988, decided on 24th April, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.307 s 326/34‑‑Bail, grant of‑‑Injured witness, real paternal uncle of accused‑‑Application for withdrawal of case moved by injured witness before District Magistrate‑‑Bail granted in circumstances.
Muhammad Hussain‑I for Petitioner.
Muhammad Abu‑ul‑Fateh for the State.
ORDER
This is a petition for bail on behalf of Muhammad Aslam alias Pappu petitioner who is involved in a case under section 307/326/34, P.P.C. This is his second bail application. Criminal Miscellaneous No. 4043‑B of 1987, previously filed by him, was disposed of vide order, dated 18‑1‑1988 with the observation that if the trial is not concluded before 18‑2‑1988, the petitioner will be at liberty to repeat the application.
2. The learned trial Magistrate in his report, dated 18‑2‑1388, has submitted that the case was fixed for production of defence evidence but the District Magistrate, Gujranwala, has summoned the record to decide application made by the injured witness for the withdrawal of the case and that the case will be concluded as soon as the file is returned by the District Magistrate.
3. Learned counsel for the petitioner contends that the petitioner was firstly arrested on 14th October, 1986 and was admitted to bail by the learned Additional Sessions Judge on 14‑5‑1987. His bail was cancelled by this Court on 1.1‑7‑1987, he was arrested about one month after that, and is in jail since then. The learned State counsel does not controvert this position. Learned counsel for the petitioner further submits that the injured witness is the real uncle of the petitioner and now he has forgiven him and moved an application for the withdrawal of the case.
4. Perusal of the F.I.R. reveals that injured witness Siraj Din is the real paternal uncle of the petitioner. From the report of the learned Magistrate it is clear that an application for withdrawal of he case has been made before the District Magistrate. In the circumstances, a case for the enlargement of the petitioner is made, out. I, therefore, admit him to bail in the sum of Rs.20,000 with two sureties in the like amount to' the satisfaction of the trial Court.
S.A./M‑710/L Bail granted.