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Petitioner: SHAUKAT ALI VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 533
[Lahore]
Before Muhammad Sharif, J
SHAUKAT ALI‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 1237/B of 1987/(BWP), decided on 14th October, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302/304/109‑‑Bail, grant of‑‑Part attributed to accused that of guarding dead body of main accused who died in a scuffle with complainant‑‑No other overt act assigned to accused‑‑Bail granted.
Muhammad Ashraf Mohandra for Petitioner Sheikh` Abdul Hameed for the State.
ORDER
The petitioner has been arrested under section 302/304/109, P. P. C . He has petitioned for being released on bail.
2. The facts as narrated in the F.I.R. in substance, are that Mst. Khalida Parveen Akhtar the sister‑in‑law of Zakir Ali complainant was abducted by Iftikharul Haque, who was apprehended at Karachi. Iftikharul Haque had intimidated Ghulam Qadir the father‑in‑law of complainant that he should withdraw the case otherwise he would kill him. On the night intervening 11/12 December, 1986 when all the inmates of the house were asleep, Iftikharul Haque sneaked his entry into their house and fired with his gun which did not hit any one. The complainant held the legs of Iftikharul Haque and both of them grappled with each other. Iftikharul Haque was over‑powered and he tried to give a churri blow to the complainant's wife but the churri was also snatched from him. Iftikharul Haque was injured by the complainant, who died at about 1‑00 p.m. The part attributed to Shaukat Ali petitioner is that he had guarded the dead body of Iftikharul Haque. No overt act has been assigned to him. I, therefore, allow bail to the petitioner in the sum of Rs.5,000 with one surety in the like amount to the satisfaction of the A . C . /Duty Magistrate, Rahimyar Khan till the disposal of the case against him.
M.Y.H./S‑162/L Bail granted.