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1985 PCRLJ 2413

IQBAL and anothers vs THE STATE

Petitioner: IQBAL and anothers VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1985-02-15

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Rustam S. Sidhwa Title: IQBAL and anothers vs THE STATE Case No.: Criminal Miscellaneous No, 207-B of 1985 Date of Judgment:1985-02-15 Reported As: 1985 P Cr. L J 2413 Result: Bail granted

Judgment ORDER ' This is a petition under section 497/498, Cr.P.C. By Iqbal alias Bala and Muhammad Ashraf, petitioners, for bail in respect of a case instituted against them under section 304/109, P.P.C. At Police Station Samundari on 24-11-1984. 2. The prosecution case in brief is that on 24-11-1984 at 8-00 a.m. Lqbal petitioner, who was driving rashly and negligently Bus No, 8544- LEH on the Gojra-Khiddar Road, ran over Khurshid Masih and Muhammad Riaz, Labourers, who were going on their bicycles on the road at that time. It is alleged that lqbal alias Bala, petitioner, No, 1, was driving the bus and Muhammad Ashraf, petitioner No,2, who is owner of the bus, was the conductor of the said bus at the relevant time. 3. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. The question whether the case is one under section 304-A or 304, P.P.C., is one which calls for further inquiry. The petitioners have been behind the bars for three months. They are no longer required in the investigation. 4. For the foregoing reasons this petition is accepted and lqbal alias Bala and Muhammad Ashraf, petitioners, are released on bail, subject to their furnishing security in the sum of Rupees thirty thousand (Rs,30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Samundari.

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