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Petitioner: MUHAMMAD BASHIR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1274
[Lahore]
Before Muhammad Munir Khan, J
MUHAMMAD BASHIR and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 9771B of 1988, decided on 20th April, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 498‑‑Penal Code (XLV of 1860), Ss.302, 148 & 149‑‑Bail, grant of‑‑Both sides received injuries‑‑Complainant party had also been challaned in a counter case under Ss.304, 148 & 149, Penal Code, and accused of that case were on bail‑‑Investigating Officer reported that complainant party was in fact aggressor and two accused against whom allegations were almost identical had already been released on bail by the High Court‑‑Accused also admitted to bail.
Syed Jamshed Ali for Petitioners.
Sami Ullah Khan for the State.
ORDER
This is an application for grant of bail to Muhammad Bashir and Muhammad Younas, petitioners in the case under sections 302, 148, 149, P.P.C. registered at P . S . Saddar, Sheikhupura vide F . I . R. No. 583, dated 6‑11‑1986,
2. The prosecution case is that the petitioners and three others in furtherance of their common intention caused the death of Jaffar Iqbal on 6‑11‑1986 in the area of Mouza Bhikki of P.S. Saddar Sheikhupura.
3. As for the petitioners, it has been alleged that Muhammad Bashir was armed with Dattar and Sadiq with Dagger and they caused injuries on the head and chest of the deceased respectively.
4. The learned counsel for the petitioner submits that co‑accused namely Sadiq and Abbas against whom the allegations are identical, have already been released on bail by this Court. Learned counsel for the state has opposed this application on the ground that the petitioners have inflicted injuries on the head and chest of the deceased.
5. I have considered the submissions made by the learned counsel for the parties with care. I find that during the occurrence both the side received injuries. On the side of the complainant, Jaffar Iqbal lost life while on the side of the petitioner/ accused three persons namely Muhammad Bashir, Muhammad Younas, petitioners and Muhammad Sadiq co‑accused received fire‑arm wounds and injuries with sharp‑edged weapons; that the complainant party has also been challaned in a counter‑case under section 307/148/149, P.P.C. and the accused of that case are on bail, that according to the two Investigating Officers, the complainant party was in fact the aggressor and that the two accused namely Muhammad Sadiq and Abbas against whom the allegations are almost identical, have already been released on bail by this Court.
6. For what has been said above, the petitioners are allowed bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of A.C. /Duty Magistrate, Sheikhupura.
M.Y.H./M‑721/L Bail granted.