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Initializing Secure Chambers
Petitioner: ATTAR KHAN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sardar Muhammad Sarfraz Dogar Title: ATTAR KHAN vs THE STATE Case No.: Criminal Miscellaneous No, 163/B of 1989 Date of Judgment:1989-05-30 Reported As: 1989 P Cr. L J 2354 Result: Bail granted
Judgment ORDER ' The petitioner has been arrested in case F.I.R. No, 302, dated 5-7-1973, Police Station Khushab, under section 302/34, P.P.C. 2.The FIR. Was lodged by Ghulam Muhammad. He had not named the petitioner as an accused in the F.I.R. However, during the investigation the police came to the conclusion that out of the three persons named in the F.I.R., two were innocent while three other persons including the petitioner, had participated in the occurrence. Iqbal and Fattu who were found to have participated alongwith the petitioner in the occurrence, and the accused named in the F.I.R. Were challaned. They were tried and acquitted by the Additional Sessions Judge, Sargodha vide order, dated 17-2-1977. The only witness who had appeared before the police to make statement against the petitioner and Iqbal and Fattu, who alongwith him, were found to have participated in the occurrence, apart from the accused named in the F.I.R. Was Muhammad Rafiq. According to the Investigating Officer the petitioner alongwith five others had made confession before him of having committed the murder. This Muhammad Rafiq had appeared at the trial and had not supported the prosecution case. He was declared hostile. 3.The petitioner after his arrest moved a petition for bail before the Sessions Judge. At that stage also Muhammad Rafiq swore an affidavit that the petitioner had not made any confession before him. ' In the circumstances, enumerated above, reasonable grounds do not appear at this stage of the petitioner being involved in the said case. He, therefore, cannot be refused bail merely on account of having allegedly absconded. This petition is, therefore, allowed and the petitioner is directed to
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be released on bail, provided he furnishes bail bond in the sum of Rs, Twenty thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Khushab.