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1987 MLD 3179

ABDUL SATTAR vs THE STATE

Citation1987 MLD 3179
CourtLahore High Court
Case No.Criminal Miscellaneous No,615-B of 1987
Date1987-07-25
Judge(s)Muhammad Rafique Tarar
ResultBail allowed

ORDER

' This is a petition for bail on behalf of Abdul Sattar petitioner who is involved in a case u/ss. 302,364 and 201/34, P.P.C.

2. There is no direct evidence of the murder and the material collected by the investigation agency consists of the following items:-

(i) Last seen evidence furnished by Manzoor Baig, Jahangir, Shaukat All and Abdur Razzaq PWs;

(ii) Extra-judicial confession allegedly made by co-accused Sarwar before Mushtaq and Arshad Baig PWs and Recovery of last worn clothes of the deceased from aforesaid co-accused Sarwar.

3. Learned counsel for the petitioner contends that the material collected by the Investigating Agency is not sufficient to connect the petitioner with the offence with which he is charged, therefore, there are no reasonable grounds for believing that he is guilty of an offence punishable with death or imprisonment for life.

' The learned A.A.G has opposed the prayer for bail. He submits that the petitioner is named in the F.I.R. And the complainant had no motive to falsely implicate him in this case.

4. I have considered the submissions of the learned counsel for the parties in the light of material available on the record. The allegation against the petitioner is that the deceased was last seen with him and his co-accused Sarwar, Anwar and Yaqoob. Aforementioned Yaqoob was, however, found innocent during the investigation. There is no recovery from the petitioner. In the circumstances, I feel inclined to the view that a case for his enlargement on bail is made out.

Accordingly, I admit him to bail in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of A.C, Pakpattan.##TE ##

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