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Criminal Miscellaneous No. 768-B of 1971, decided on 7th May 1971.
---S. 498-Ball-Murder case-Only proverbial lalkara but no overt act attributed to accused-Bail granted but committing Court directed to consider question of cancellation of bail, if petitioners subsequently found guilty of any overt acts.
Lal and another v. The State Criminal Appeal No. 106 of 1970 rel.
Ijaz Hussain Batalvi for Petitioners.
Abdus Samad Hashmi for the State.
A case was registered under section 302 read with section 34, P. P. C. on 16-12-1970 at Garb Maharaja Police Station in connection with murder of one Abid Hussain who died in an occurrence, which took place in village Uch Gul Imam. The allegation against the accused was that one of them, namely Farman Ali Shah was armed with a gun and he fired at the deceased. His co-accused namely Sher-Ali Shah Imdad Ali Shah and Muhammad Taqi Shah were empty-handed. Only a Lalkara was attributed to them. No other overt act was assigned to them. Under the circumstances the petition with regard to Farman Ali Shah was dismissed and admitted with respect of the remaining three petitioners.
2. I have heard learned counsel for the petitioners and learned counsel for the State. In view of the fact that no overt act has been attributed to Sher Ali Shah, Imdad Ali Shah and Muhammad Taqi Shah and only a proverbial lalkara has been attributed to them, in view of the decision of the Supreme Court in Criminal Appeal No. 106 of 1970 (Lal and another v. The State) I allow their application and direct that they be released on bail in the sum of Rs. 20,000 (Twenty thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Jhang if however, during the course of the enquiry proceedings it is found, that the petitioners who were granted bail had been guilty of any overt act, it will be open to the Magistrate to consider the question of cancellation of their bail.
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