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Criminal Miscellaneous No. 2902/B of 1971, decided on 20th December 1971.
, S 498-Bail-Murder case-One of accused a blind man and only lalkara attributed to him and other accused a young boy few months above sixteen years-Coun ter-case S. 325 also registered against complainant party for causing injuries to accused-Case having two versions, question whether accused committed offence punishable with death or trans portation for life yet to be established-Bail granted in circum stances-Penal Code (XLV of 1860), S. 302.
Saeedur Rehman Khan with Mian Muhammad Akhtar for Petitioners.
Rashid Aziz for the State.
It appears from the perusal of the First Information Report that both the parties exchanged blows and it was during this exchange of blows that Anwar went into the house, brought out the gun and shot at Akhtar Ali. It is submitted that Hafiz Niaz Muhammad is a blind man and only a lalkara is attributed to him. It is further urged that Nisar Ahmad is a young boy although the learned counsel concedes that at the time of the commission of the offence he was a few months above sixteen years and the provision of proviso to section 497, Criminal Procedure Code will not be strictly available to him. It is further submitted that two women on the side of the accused were injured and there is no explanation for these injuries in the First Information Report. The learned counsel submits that a counter-case under section 325, Pakistan Penal Code has been registered against the complainant party for causing grievous injuries to Hafiz Niaz Muhammad. It is his contention that there being two versions in the case, it is yet to be established whether the two petitioners have committed an offence punishable with death or transportation for life.
2. The contentions have force. I direct that the petitioners shall be released on bail in the sum of Rs. 10,000 (Rupees ten thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Multan.
Bail granted.
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