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Criminal Bail Application No. 962 of 1978, decided on 10th October, 1978.

-- S. 497-Bail of petitioner accused of murder pressed on ground that only proverbial 'lalkara' attributed to petitioner and weapon of offence not recovered-Bail allowed, in circumstances.

Khan Badshah v. State 1978 S C M R 77 ref.

K h. Naveed Ahmed for Applicant.

Mazhar Hassan All for the State.

It is the case of prosecution that four accused persons including present applicant attacked Muhammad Hanif and inflicted injuries with fire arm who died subsequently in the hospital after 12 days. Initially F. I. R. was registered for offence under section 307/34, P. P C. and subsequently sections were modified to under section 302/34, P. P. C. Interim challan has been submitted. It is stated that the medical report has been obtained which shows that deceased died due to injuries he has sustained as stated above but no post mortem examination has been performed.

The learned counsel for the applicant has argued that he has applied for bail of applicant Akram against whom there is only allega tion of lalkara. 1t is further stated Akram was not armed, no weapon was recovered from him, and no other active part was played by him in the attack except the lalkara. It is argued that the question whether section 34, P. P. C. would apply to involve applicant Akram in the offence is to be decided by the trial Court after evaluation of evidence. He has relied upon 1978 S C M R 77 in which the bail was granted to accused who had held the, deceased in order to facilitate attack of other co accused. Consequently applicant Akram is allowed bail in the sum of Rs. 10,000 with one surety and P. R. in the like amount to the, satisfaction of the III Additional Sessions Judge, Karachi.

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