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1989 MLD 2805

MUHAMMAD AZAM And Another vs THE STATE

Petitioner: MUHAMMAD AZAM And Another VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1989-04-22

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Sh. Ijaz Nisar Title: MUHAMMAD AZAM And Another vs THE STATE Case No.: Criminal Miscellaneous No. 586/B of 1989 Date of Judgment:1989-04-22 Reported As: 1989 MLD 2805 Result: Bail granted

Judgment ORDER Muhammad Azam and Muhammad Ajmal petitioners alongwith 3 others stand charged with the murder of Muhammad Yousaf deceased on 10-7-1988 with daggers. 2. Bail is urged on the grounds that the petitioners are not named in the F.I.R. And the most material evidence against them was of identification parade in which they were identified by Muhammad Younis brother of the deceased and Abdul Jabbar but both Muhammad Younis and Abdul Jabbar have sworn affidavits to the effect that the accused had been shown to them by the police before identification and further that the motive alleged in the F.I.R. Was not true. The identification parade was held 27/28 days after the arrest of the petitioners. According to F.I.R. Three persons had committed the murder but in the supplementary statement made by the complainant the number of assailants was five. Nayab Sarwar P.W. Who was a witness of conspiracy against Saeed Ahmad co-accused had also sworn an affidavit denying to have heard any conversation between Saeed Ahmad and the other accused. 3. For the foregoing reasons there do not appear reasonable grounds for believing that the petitioners are guilty of the alleged offence. Accordingly I admit I them to bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of A.C., Karor Pakka. M.Y.H./M-1279/L

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