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Petitioner: FAIZ RASUL VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Rafique Tarar Title: FAIZ RASUL vs THE STATE Case No.: Criminal Miscellaneous No. 619/B of 1989 Date of Judgment:1989-03-21 Reported As: 1989 MLD 2697 Result: Bail granted
Judgment ORDER This is a petition for bail on behalf of Faiz Rasul petitioner, accused in a case registered under section 302, P.P.C. And sections 10 and 11 of Ordinance VII of 1979. 2. The case was registered on 5-10-1988 on the report of Yar Muhammad wherein he stated that at 7-30 a.m. He proceeded towards the railway line when he saw the dead body of newly born female child lying on the thoroughfare. Initially, the case was registered under section 317, P.P.C. 3. Learned counsel for the petitioner contends and the learned counsel for the State concedes that the only evidence collected by the investigating agency against the petitioner is the extra-judicial confession made by co-accused Mst. Naseem Akhtar before Khalid Masud and Ghulam Muhammad. The order of the learned Additional Sessions Judge shows that both the aforesaid P.Ws. Had sworn affidavits exonerating the petitioner. The petitioner is not alleged to have made any extra-judicial confession before them. In the circumstances, I feel inclined to the view that the case of the petitioner needs further-inquiry. I, therefore, admit him to bail in the sum of Rs.50,000 two' sureties in like amount to the satisfaction of Assistant Commissioner, Mianwali. H.B.T./F-121/L