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Criminal Miscellaneous No. 1063/B of 1975, decided on 3rd April 1975.

‑-‑S. 497‑Bail‑[Murder case]‑Accused empty‑handed and causing no injury either to deceased or prosecution witnesses‑Bail granted, in circumstances.‑[Bail].

Shahid Hussain Kadri for Petitioners.

Sultan Mahmood for the State.

This is an application by Fateh Muhammad and Muhammad Ashraf for grant of bail. They, are accused of fences under section 302/307/34, P.P.C. and are said to have a dispute over some land with Muhammad Tufail deceased. On the night of the occurrence they went to the Karkhana where the deceased used to sleep. Other workers were also present there. Muhammad Ashraf petitioner was armed with a pistol while Gulab co‑accused was armed with a seen‑gun. Immediately after their arrival Muhammad Ashraf petitioner took out his pistol but Allah Rakha complainant, the brother of the deceased, caught hold of him from his wrist. Muhammad Ashraf petitioner shouted to his friends for help, whereupon Gulab co-accused came in with his sten‑gun. He tried to shoot at Muhammad fulfil deceased but the step‑gun got stuck. Thereupon Muhammad Ashraf peti tioner who had in the meanwhile been caught hold of by Allah Rakha and Muhammad Tufail threw his pistol towards Gulab co‑accused, who fired a shot with it which hit the right elbow of Allah Rakha complainant. At this juncture Patch Muhammad petitioner also came in and raised lalkara saying that Muhammdad Tufall (deceased) should not be left alive. Gulab co-accused fired another shot with the pistol which missed and instead of hitting Muhammad Tufail bit a nearby wall. Muhammad Ashraf, Gulab and Fateh Muhammad then caught hold of Muhammad Tufail (deceased) and Gulab struck him with the butt of the sten‑gun hitting him on the left temple and nose. Thereafter they ran away. Gilab co‑accused left his sten‑gun at the place which was taken into possession by the witnesses.

2. The learned counsel for the petitioners submitted that all the injuries are attributed to Gulab co‑accused, and that Fateh Muhammad, who is real brother of Gulab, was admittedly empty handed and as such did not a cause any injury, to anyone. He submitted that he has been involved merely because he is related to the main accused.

He does not press the application with regard to Muhammad Ashraf petitioner and I think be is right in doing so because an overt act bas been attributed to him. He was armed with a pistol with which he tried to shoot at Muhammad Tufail (deceased), but was prevented because Allah Rakha complainant had fn the meanwhile caught hold of his wrist where after he bad no option but to pass over his pistol to Gulab whose men‑Sun bad got stuck.

3. The result is that only Fateh Muhammad petitioner is granted bail in the sum of Rs. 15,000 (Rupees fifteen thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala.

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