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1984 MLD 1316

AHMAD BAKHSH and another vs THE STATE

Petitioner: AHMAD BAKHSH and another VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1984-02-18

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Khizar Hayat Title: AHMAD BAKHSH and another vs THE STATE Case No.: Criminal Miscellaneous No, 94-B of 1984 Date of Judgment:1984-02-18 Reported As: 1984 MLD 1316 Result: Petition allowed

Judgment ORDER ' Ahmad Bakhsh and Muhammad Rafique, petitioners, have applied to this Court for the grant of bail after having remained unsuccessful before Additional Sessions Judge, Vehari. 2. According to the prosecution case, Muhammad Rafique, petitioner, took Wahab, deceased in his grip while his co-accused Muhammad Ramzan gave one Chhuri blow to the deceased which resulted in his death. As for Ahmad Bakhsh, petitioner, he is stated to have raised Lalkara. 3. I have heard learned counsel for the petitioners as well as for the State and also perused the record. 4. It is argued on behalf of the petitioners that they are innocent and have been involved in this case due to enmity.' It is further submitted that only a proverbial Lalkara has been attributed to Ahmad Bakhsh, petitioner, and the allegation of Japha to Muhammad Rafique petitioner is also not believable as causing of one Chhuri blow hardly necessitated that Wahab deceased should have been held in grips by Muhammad Rafique. The argument. has force. I feel that the allegations against petitioners necessitates further inquiry whether the petitioners were present and participated in the occurrence or not. 5. In this view of the matter I am inclined to allow this petition. It is directed that the petitioners be released on bail subject to their furnishing bonds in the sum of Rs, 10,000 (Rupees ten thousand only) with one surety in like amount each to the satisfaction of Assistant Commissioner/ Duty Magistrate, Mailsi.

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