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1978 P Cr. L J 604

CHULAM HAIDER AND 2 others vs THE STATE

Citation1978 P Cr. L J 604
CourtLahore High Court
Case No.Criminal Miscellaneous No, 2202/B of 1977
Date1977-08-08
Judge(s)Mazhar-ul-Haq
ResultOrder accordingly

ORDER

' Ghulam Haider and his sons Ijaz and Mumtaz petitioners are accused of the murder of Ghulam Qadir. The case was registered against them on 23-8-1976 at Police Station, Phalia, District Gujrat.

2. In this occurrence Ghulam Haider petitioner is said to have raised a lalkara upon which his two sons Ijaz and Mumtaz fired at the deceased. According to the narration in the F. I. R. The fatal shot was attributed to Mumtaz but during investigation, the crime empty recovered from the spot matched with the carbine recovered from Ijaz.

3. Learned counsel for the petitioner contended that this discrepancy was enough to bring the case within the exception as there was scope for further inquiry into the guilt of the petitioners. I have considered the matter. Simultaneous firing has been alleged. Shot fired by one of the accused was fatal. Simply because the other missed the deceased would not exhonerate him. I, therefore, do not consider it a fit case for bail for the two accused who fired at the deceased. Since only lalkara is attributed to Ghulam Haider petitioner. I allow him bail in the sum of Rs, 20,000 (Rs, twenty thousand) with two sureties each in the like amount to the satisfaction of A. C./Duty Magistrate, Gujrat.

Petition on benalf of Ijaz and Mumtaz pettioners is dismissed. 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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