Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail-[Murder-case]--Investigation Agency itself accepting it a case of counter versions and challaning both parties in counter versions-Nothing to ascertain as to which party aggres sor and which aggressed-Case of petitioners, held, one of further enquiry--Petitioners allowed bail, in circumstances. Khalil-ur-Rehman v. The State 1979 S C M R 168 ; Wakeel Hassan v. The State 1976 S C M R 159 and Fazal Muhammad v. Ali Ahmad and 3 others 1976 S C M R 391 ref.                                                                                                                 ORDER This order disposes of Criminal Miscellaneous No. 1154-B/80 and Criminal Miscellaneous No. 1014-B/80, as they arise out of the same case. In respect of the murder of Fazal Dad on the 20th July 1979, at about noon time in the area of mauza Khawaspur within the Police Station of Lala Musa, District Gujrat, two cross cases have been registered, one under section 307, P. P. C. etc. against the complainant party in which they are on bail, and the other against Muhammad Afzal and Muhammad Ashraf (petitioners in Criminal Miscellaneous No. 1014-B/80) and Azmat (petitioner in Criminal Miscellaneous No. 1154-B/80) and their tenant co- accused. 2. The case of co-accused came up before me on the first occasion (Criminal Miscellaneous No. 4277-B/79) where Criminal Miscellaneous No. 4399-B/79 was also disposed of by granting bail to both the accused. The facts have been recapitulated therein and this may be read as a part of and in furtherance of my order, dated the 15th of December, 1979, passed in Criminal Miscellaneous No. 4277-C/79. Manzur Hussain co-accused was allowed bail as he was suffering from diabetes, and also for the reason that his name has been placed in column No. 2. And the other accused were allowed bail for the reason that they were not armed with any fire-arm weapons,…