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Petitioner: LIBAB KHAN VS Respondent: THE STATE
Court Name: Peshawar High Court Judge(s): Qazi Muhammad Farooq Title: LIBAB KHAN vs THE STATE Case No.: Criminal Miscellaneous No, 891 of 1995 Date of Judgment:1995-11-26 Reported As: PLD 1997 Peshawar 54 Result: Bail allowed
JUDGMENT
JUDGMENT ' The petitioner Libab Khan seeks bail in a case under section 324/34, P.P.C., which was registered against him and one Fateh at Police Station Nowshera Kalan vide F.I.R. No, 125, dated 7-3-1995. 2. The F.I.R. Discloses that on the eventful day while complainant Iftikharul Haq was present near the house of one Farhad the petitioner and his co-accused Fateh came there duly armed with pistols and on the command of the petitioner Fateh opened fire at the complainant as a result of which he sustained injuries. 3. The petitioner was armed with a pistol at the crucial time but surprisingly instead of using it he had commanded his companion to fire at the. Complainant. Be that as it may, he is charged for exhortation simpliciter, therefore, his involvement in the crime requires further enquiry within the contemplation of section 497(2), Cr.P.C. A case for bail is thus made out. 4. In the result this application is accepted and the petitioner is admitted to bail in the sum of Rs,50,000 (fifty thousand) with two sureties each in the like amount to the satisfaction of the Ilaqa Magistrate.