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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1943
[Lahore]
Before Sardar Muhammad Dogar, J
MUHAMMAD ASLAM and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 4174/B of 1987, decided on 8th December, 1987.
Criminal Procedure Cods (V of 1898)‑
‑‑S. 497‑‑Penal Code (XLV of 1860), S.302/148/149‑‑Bail, grant of‑ Contention that shots allegedly fired by accused proved ineffective‑‑Accused not directly connected with motive and local police found accused innocent and had placed their names in column No.2 of Challan‑‑Reasonable grounds not appearing against accused of having participated in crime‑‑Bail granted.
Q.M. Saleem for Petitioners.
Mahmood‑ul‑Hasan for the State.
ORDER
Petitioners seek bail in the case registered against them and seven others under section 302/148/149, P.P.C. at Police Station Mochh, District Mianwali on 31‑5‑1987.
2. Bail is being sought by the petitioners on the grounds that no injury to the deceased has been assigned to any of the two petitioners; that none else except the deceased had suffered any injury in the occurrence; that the shots alleged to have been fired by the petitioners had proved ineffective; that they are not directly connected with the motive and that the local police as well as the D.S.P. who had investigated the case, had found the petitioners innocent and their names have been placed in column No. 2 of the challan.
3. Learned counsel for the State has not denied the factum of the role of ineffective firing assigned to the petitioners, nor has he denied the fact that after investigation, the petitioners were found innocent and their names have been placed in column No.2. He has, however, argued that the petitioners are connected with the motive as the deceased of the earlier murder case was related to them.
4. It is not known as to what amount of interest they had in the motive. The other two grounds on which the bail is being sought, find support from the record.
In the circumstances, reasonable grounds do not appear against the petitioners, at this stage, of having participated in the crime. This petition is, therefore, allowed and the petitioners are directed to be released on bail provided they furnish bail bonds in the sum of Rs. twenty‑five thousand each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.
M.Y.H/M‑783/L Bail granted.