Case Details

Citation(s)
1980 SLG 3099 = 1980 SLD 3099 = 1980 PCRLJ 600
Lahore High Court
Criminal Miscellaneous No. 3261-B, of 1979, decided on 2nd October, 1979.
Presented By: Aftab Farrukh, J
Muhammad Akbar and 4 others v. The State and another 1978 SCMR7rel. Ch.-Muhammad Ash'raf Wahlah for Petitioners. Safdar Javed Chaudhry for the State.

MUHAMMAD AYUB AND 2 OTHERS-Petitioners

VERSUS

THE STATE-Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302, 364, 452, 148, 149

(a) Criminal Procedure Code (V of 1898) S. 497-Petitioners young boys about 16/ 17 years old, and an old man of 80-Petitioners' case, held, covered by principle envisaged, in proviso to subsection (1) of S. 497, Cr. P. C.-Bail allowed in circumstances. Siroj Din v. Saghir-ud-Din alias Goga and another 1970 S C IN R 30 Tel. (b) Criminal Procedure Code (V of 1898) S. 497-Petitioners not attributed any blow to deceased-Bail granted, in circumstance-Penal Code (XLV of 1860), S. 302/364/ 452/148 & 149.                                                                                                                                                           ORDER Murad aged 80, Abdul Sattar aged 16 years and 2 -months and Muhammad Ayub aged 17/18 years along with 7 other co-accused have been sent up by Police Station, Fort Abbas, District Bahawalnagar for offences under sections 302, 307, 364, 452, 148 and 149 of Pakistan Penal Code in respect of the murder of Muhammad Sarwar and murderous assault on Muhammad Arif. 2. Muhammad Sarwar had 7 injuries on his person out of which only one was grievous. Muhammad Arif had 24 injuries on his person of the nature of contusion and swelling etc. out of which three (3) were grievous. I have been taken through the medico-legal reports and I notice that the injuries are primarily aimed at arms, knees and ankles. 3. The motive attributed is that Sultan son of Murad was earlier murdered and it was suspected by the accused 'that Murad petitioner's son had been murdered at the instance of the deceased, therefore, they forcibly lifted them and after tying them with ropes delivered merciless beating which resulted in the death of Muhammad Sarwar and injuries to Muhammad Arif, as stated above. 4. The bail was opposed by the learned counsel for the…
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