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Petitioner: KHALID alias Kaddu VS Respondent: THE STATE
1988 M L D 209
1988 M L D 209
[Lahore]
Before Khizar Hayat, J
KHALID alias Kaddu--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No. 131/B of 1988, decided on 16th February, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), S 302 307, 324 & 148/149--Bail, grant of--- Accused allegedly holding deceased in Japha-- Deceased suffering solitary injury Participation of accused in occurrence, needed further enquiry--Bail granted in circumstances.
Ch. Liaqat Ali Sindhu for Petitioner.
Nemo for the State.
ORDER
Muhammad Akram, complainant, reported at Police Station Qilla Deda, Singh, on 7-8-1987 at 9-45 p.m. that a few hours before there took place a quarrel between his brother Muhammad Arshad and Khalid alias Kaddu Petitioner. They were separated by Khalid Hussain son of Mushtaq. The petitioner alleged]-: informed his parents and brothers about the incident. As a sequel to that quarry the petitioner alongwith his father Muhammad Sharif caught hold of Muhammad Arshad (deceased) while his brother Mazhar gave him Chhuri blow in the chess. Javid tried to rescue Muhammad Arshad who was assaulted with Chhuri by his other brother Sabir and caused him one injury which was declared as simple. The blow caused to Muhammad Arshad by Mazhar proved fatal. A case under sections 148, 324, 302 and 307/149, P.P.C. has been registered and investigated. All the accused were arrested the same day and challaned. Petitioner's (bail plea was declined by the lower Court, hence this application.
2. I have heard learned counsel for the petitioner and also perused the record produced by A.S.I. Hassan Muhammad.
3. The allegation against the petitioner is that he held the deceased in his Japha alongwith his father Muhammad Sharif. Since Japha only is attributed to the petitioner and the deceased suffered solitary blow therefore the question whether the petitioner participated in the occurrence or not, needs further l inquiry. In the circumstances I allow this petition and direct that the petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Gujranwala.
SA./K-74/L
Bail granted.