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Petitioner: SARFRAZ AHMAD ALIAS PAPU VS Respondent: THE STATE
1992 M L D 1876
1992 M L D 1876
[Lahore]
Before Munir A. Sheikh, J
SARFRAZ AHMAD alias PAPU---Petitioner
versus
THE STATE---Respondent
Crl. Misc. No.1261-B of 1991, decided on 6th November, 1991.
Criminal Procedure Code (V of 1898)---
----S.497(2)---Penal Code (XLV of 1860), S.302/34---Bail, grant of-- Identification parade was conducted after eleven days of the arrest of the accused---Carbine had been recovered at the pointation of accused from an open place---No empty was recovered from the spot to connect the said carbine with the fireshoot at the deceased---Occurrence had taken place at night---Case against accused, therefore, was one of further inquiry---Accused was granted bail in circumstances.
Hasnat Ahmad Khan for Petitioner. Akhtar Masood for the State.
ORDER
The petitioner seeks bail in a case registered through F.I.R. No. 319 dated 13-9-1990, under section 302/34, P.P.C., at Police Station Qila Dedar Singh (Gujranwala).
2. The occurrence admittedly took place at night. In the F.I.R. the complainant only stated that two young boys committed the offence. The deceased Dilshad Hussain died by a fire-arm shot i.e. carbine. It has not been specifically stated as to which of the two said young boys fired the shot. The petitioner and one Shabbir Masih was subsequently arrested in connection with this case. Identification parade of Shabbir Masih co-accused was conducted after about more than three months of his arrest, therefore, he was granted bail by this Court vide order dated 29-7-1991 passed in Crl. Misc. No.2562/B/91. The present petitioner was arrested on 28-11-1990 and identification parade was conducted on 9-12-1990. At the time of identification parade. the petitioner raised an objection that prior thereto he was shown to one female and a young boy in the police station. Noor Safia and Sana Ullah identified the petitioner. A carbine was allegedly recovered at the pointation of petitioner from an open place under an electric pole. No empty was recovered from the spot to connect the said carbine with the fire-shot at the deceased.
3. In the above circumstances, particularly in view of the fact that the occurrence took place at night, the case of the petitioner is that of further inquiry and falls under section 497(2), Cr.P.C.
4. The petitioner is granted bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, District Gujranwala. Criminal Misc. stands disposed of.
N.H.Q./S-113/L Bail granted.