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1987 MLD 2669

ABDUL GH AFOOR and another vs THE STATE

Citation1987 MLD 2669
CourtLahore High Court
Case No.Criminal Miscellaneous No,1 of 1987 in Criminal Appeal No,230 of 1984
Date1987-05-23
Judge(s)Fazal Karim, Abdul Shakurul Salam
ResultBail granted

ORDER

' ABDUL SHAKURUL SALAM, J.--The two petitioners Abdul Ghafoor s/o Khair Muhammad and Abdul Sattar s/o Ghulam Qadir ialongwitti four others were tried under Sections 148, 307, 302/149 PPC for double murder of Naurang and Murid Hussain and causing njuries on the P.Ws. Their co-accused were found guilty and sentenced o death but the petitioners were sentenced .To life imprisonment and ine, etc. By the learned Additional Sessions Judge, D.G.Khan vide order dated 20-10-1984. They have applied for bail.

2. Learned counsel for the petitioners has submitted that the Petitiorter Abdul Ghafoor had caused no injuries to either of the deceased nor had Abdul Sattar petitioner caused fatal injury to the deceased Murid Hussain. It was also submitted as regards the latter .i,e, Abdul Sattar that the allegation against him was that he had caused injury with the wrong side of the hatchet but the recovery of catchet from him had not even been believed by the learned trial Court. It was finally submitted that the petitioners were arrested on -10-1982 and were sentenced on 20-10-1984. More 'than 2 years have one by and the petitioners are entitled to bail under the Statutory provisions of Section 426(1-A) (c) Cr.P.C.

3. Learned Assistant Advocate-General and the learned counsel or the complainant have submitted that the petitioners have been gruond guilty of having committed double murder and are not entitled to bail.

4. After hearing the learned counsel for the parties we find no reason to refuse relief available to the petitioners under the Statutory provisions. Reference may be made to Muhammad Din and another v. The State (1986 SCMR 1970(1)). In this view of the matter the petitioners are allowed bail in the sum of Rs,50,000 (Rupees fifty thousand) each with two sureties in the like amount each, to the satisfaction of A.C./Duty Magistrate, D.G. Khan.

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