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Initializing Secure Chambers
1994 P Cr
1994 P Cr. L J 1453
[Lahore]
Before Rashid Aziz Khan, l
ASLAM------Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.3714/B of 1993, decided on 1st December, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), S.302/34/109---Bail, grant of---Role ascribed to the accused was of having abetted the commission of the murder a few days before the occurrence---Police during investigation had found the accused to have manoeuvred his arrest in a case under the Arms Ordinance, 1965, just for the purpose of commission of the offence which in itself required further investigation---Accused was allowed bail in circumstances.
Sardar Sajid Ahmad Dogar for Petitioner.
Ch. Ghulam Murtaza for the State.
Date of hearing: 1st December, 1993.
ORDER
Aslam petitioner seeks bail in a case registered with Police Station Jalalpur Bhattian, District Gujranwala vide F.I.R. dated 12-4-1993, for an offence under section 302/34/109, P.P.C. The case was got registered by Munir Hussain for the murder of Muhammad Akram with the allegation that the co- accused of the petitioner fired at said Muhammad Akram, who died. The bail in the instant case is being sought on the ground that no case against the petitioner is made out. It was alleged that the petitioner was neither present at the spot nor had participated in the occurrence. The role ascribed to him is that a few days before the occurrence, he had abetted the commission of the offence. The prosecution has produced two witnesses, who allegedly overheard the petitioner telling his co-accused that he had made arrangements for his arrest under the Arms Ordinance and thereafter they should commit the murder of Muhammad Akram.
The police during the investigation had come to the conclusion that Muhammad Aslam had manoeuvred his arrest in Arms Ordinance case just for the purposes of commission of the offence. This in itself requires further investigation. Therefore, the petitioner is allowed bail provided he furnishes security in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Hafizabad.
N.H.Q./A-583/L Bail allowed.