Law:

Section:

Bail-- —Muder case--Bail--Grant of--Prayer for~Only presence of petitioners was shown at place of incident-Their presence was not un-natural as they lived in vicinity-Held: Unless an overtact ascribed to petitioners  as supported by any tentative evidence, they could not be kept under detention on mere presence of their names in FIR--Held further: Suppression of injuries received by mother of petitioners and Aurangzeb,  rincipal accused, is also a supporting factor to release them on bail-Bail allowed.   [P.128]A,BC  JUDGMENT This reference has been made by the District Criminal Court, Kotli, on account of difference of opinion in the matter of bail.2. Aurangzeb, Muhammad Ishaque and Barkat Hussain were put to trial on the charge of murder of Mst. Sahado Begum and infliction of injuries on the eye witnesses, under Sections 5, 15, Islamic Penal Laws Act, read with Section 34, APC. The alleged incident took place on September 24, 1989, at 6.30 A.M. Abdul Aziz made a report of the incident in writing. It was alleged that Nazia daughter of the complainant and Musarrat daughter of Aurangzeb quarrelled with each other. Aurangzeb and Barkat Hussain were informed of the incident by Mst. Jamil Begum, wife of Aurangzeb, on the night of September 23, when they came home. On the morning of the day of incident, the complainant was not present at home. Aurangzeb, Muhammad Ishaque and Barkat Hussain came in front of the house of complainant party and abused them. Mst. Sahado Begum,, wife of the complainant, came out of the house and arrived in the street. There was altercation between Mst. Sahado Begum and the assailants. Mistri Abdul Majid and Muhammad Hussain who were attracted by alarm, arrived on the scene and endeavoured to intervene in the quarrel when Aurangzeb fired twice with his 12-bore gun on Mst. Sahado Begum who died on the spot. Thereafter, the assailants trespassed in the premises of the complainant and assaulted Khadim Hussain, Habib, Yasmin and Nazia, sons and daughters of the complainant. Aurangzeb fired on the aforesaid persons. Yasmin and Nazia received pellet injuries on their legs. Habib and Khadim Hussain ran away for their safety…

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