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Petitioner: KHUSHI MUHAMMAD VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 154
[Lahore]
Before Munir A. Shaikh, J
KHUSHI MUHAMMAD ---Petitioner
Versus
THE STATE---Respondent
Crl. Misc. No.484/B of 1992, decided on 10th January, 1993.
Criminal Procedure Code (V of 1898)--
----S. 497(2)---Penal Code (XLV of 1860), S.364/302/34---Bail, grant of---Trial in the case was being delayed as one of the accused persons who was serving in Army was not being produced before the Court by the Army Authorities-- Accused was no more required for further investigation and it was yet to be proved by the prosecution through evidence that the accused was involved in the murder and his case was that of further inquiry which fen under S.497(2), Cr.P.C.---Accused was allowed bail in circumstances.
Q.M. Salim for Petitioner.
Sardar Asghar Ali Gill for the State.
ORDER
The petitioner seeks bail in a case registered through F.I.R. No.139/90, dated 23-7-1990, under section 364/302/34, P.P.C. at Police Station Machhiwal, District Vehari, for murdering Abdul Rasheed deceased. According to the allegations the occurrence has not been witnessed by any person. The petitioner was granted bail by this Court on 8-7-1991 which was cancelled through order dated 19-2-1992 on the application of the complainant because some incriminating articles were allegedly recovered from the house of the petitioner which allegedly belong to the deceased. The trial has not concluded as yet though the case was registered on 23-7-1990. I called for the report of the learned trial Court as to when the trial was likely to be concluded. It has been reported that the same is being delayed because one of the accused persons is serving in Army and the Army authorities are not producing him before the Court and till he is produced no further proceedings could be taken.
2. I have heard learned counsel for the petitioner on merits. According to the learned counsel for the State the person of the petitioner is no more required for further investigation. It has yet to be proved by the State through evidence that the petitioner was involved in the murder. The case of the E petitioner is that of further inquiry and falls under section 497(2), Cr.P.C.
3. The petitioner is allowed bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Burewala.
N.H.Q./K-96/L Bail allowed.