Find a Lawyer

Criminal Miscellaneous No. 1473/B of 1975, decided on 6th June 1975.

---Ss. 497 & 498‑Bail‑Out of six petitioners no overt act attributed ‑to three petitioners and prosecution admitting such three persons to have been present at time of occurrence but committed no overt act ---Bail allowed to such three persons alone.

Ch. Sanaullah Bajwa for Petitioners.

Ghulam Ali Mobashir for the State.

The six petitioners along with four others have been accused of the commission of offences under sections 148, 302 and 307 read with section 149, P. P. C. It is submitted that two co‑accused of the petitioners, namely, Tufail son of Sharif and Liaquet son of Inayat were armed with guns and they fired at the complainant party as a result of which Muhammad Sarwar lost his life and Muhammad Afzal, Muhammad Nazir and Feroze sustained fire‑arm injuries. Out of the petitioners before me. Inayat, Ashraf and Amanat bore injuries on their persons which fact is prima facie an indication of their presence at the spot. I, therefore, refuse to consider their caw for bail.

2. So far as Boota, Muhammad Khan and Hyder petitioners 3, 5 and 6 are concerned, no overt act is attributed to them. The learned State counsel admits that even according to the prosecution they were present at the spot but bad not committed any overt act.

3. The occurrence took place on 27th of November, 1974 and A. S. I. Muhammad Siddiq states that an incomplete challan was handed over to the Prosecuting Branch on 30th of January, 1975. So far the challan has not been filed in Court and the case is being mechanically adjourned. In view of these facts I direct that Boota, Muhammad Khan and Hyder, petitioners 3, 5 and 6 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 Illqa Magistrate.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.