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MUHAMMAD HUSSAIN versus STATE


Criminal Code of Conduct (CRPC) Section 497 Bail (murder case) Applicant admittedly leaving empty handed and only Lalkar, a case pending for further investigation, pending trial. Allowed bail

1981 P Cr. L J 1189

[Lahore]

Before Muhammad Rafiq Tarar, J

MUHAMMAD HUSSAIN------Petitioner

Versus

THE STATE------Respondent

Criminal Miscellaneous No. 2895/11 of 1980, decided on 15th September, 1980.

Criminal Procedure Code (V of 1898) --------

-- S. 497--Bail --- (Murder-case) --- Petitioner admittedly empty handed and only proverbial lalkara attributed to him-Case, held, one for further enquiry, in circumstances-Petitioner allowed bail.

Kh. Sarfaraz Ahmad for Petitioner.

Khan Talib Hussain Baloch for the Complainant.

ORDER

Muhammad Hussain petitioner who alongwith two others is involved in a case under section 302/34, P. P. C. has moved this petition for bail. The allegations are that on 4th July, 1980 at about 10 p. m. when Bashir deceased was present at the shop of Taj Khan milk-seller, Riasat Ali armed with a Khanjar, Nawaz alias Gora with a knife and Muhammad Hussain petitioner empty handed, came there. The petitioner raised Lalkara that Bashir should not be spared, upon which Riasat Ali gave a Khanjar blow in his abdomen and Nawaz inflicted a knife blow on his back, as a result of which he fell down. On the following day, the injured succumbed to his injuries in the hospital.

2. I have heard the learned counsel for the parties. Admittedly the petitioner was empty handed and only proverbial Lalkara has been attribut ed to him. His case is, therefore, one for further enquiry. Accordingly, I admit him to bail in the sum of Rs. 20,000 with two sureties in' the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sialkot.

Bail allowed.

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