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K.L.R 1989 Criminal Cases 744

ARIF MASIH vs THE STATE

CitationK.L.R 1989 Criminal Cases 744
CourtLahore High Court
Case No.Criminal Misc No. 2390-B-1989
Date1989-07-18
Judge(s)Muhammad Amir Malik
ResultN/A

ORDER

Muhammad Amir Malik, J--At the very outset, the learned State counsel requested for adjournment as the record was not made available to him, but this is no excuse for not deciding the petition on merits, particularly when the petitioner is in jail for the last sixteen months and he is not name in the FIR.

2. The FIR has been read out in Court. Five persons, who had the strongest possible motive (according to the FIR) had murdered the deceased and the occurrence was of Chhawela, i.e. Broad day light, ard reported to the police by none else than Muhammad Sharif, the real brother of the deceased. There could not have been any question of mistaken identity. According to the order of the learned Addl. Sessions Judge, the petitioner has been involved on the statements of Muhammad Ashraf and Fateh Muhammad P.Ws, who stated about the extra judicial confession made by the petitioner to them about one and a half months after the occurrence and they themselves divulged this confession to the police, as pointed out by the learned counsel for the petitioner, after about two and a half months. There is no other incriminating material against the petitioner. Hence allowed bail in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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