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Criminal Miscellaneous No. 935‑B of 1982, decided on 7th August, December, 1982.
‑‑‑-----S. 497‑Bail, grant of‑[Murder‑case]‑Petitioner instrumental in taking away deceased to scene of crime on false pretext, to be got murdered 'here, pursuant to a conspiracy‑Bail declined, in circumstances.
Khadim Nadim Malik for Petitioner.
Tasaddaq Hussain Jilani, A. A.‑G. for the State.
This is an application for bail on behalf of Nawab in a case under section 302/34, P. P. C. registered at P. S. Rangpur, vide F. I. R. No. 48/81, dated 22nd December, 1982.
2. The prosecution case is that the petitioner approached David Masih, complainant and asked him to accompany to the house of Lazar Masih to take a log (Shahteer). James Masib deceased was there. He also accompanied them to the house of Lazar Masih. The complainant and the deceased stood outside the house whereas the petitioner went inside. Immediately, thereafter, Lazar Masih, co‑accused came, there and abused the deceased. At that juncture, the petitioner instigated co‑accused Lazar to do away with the deceased whereupon Lazar opened the attack and gave two blows with the stick on the head of the deceased and the deceased expired on the spot.
3. Learned counsel for the petitioner submits that the only allegation against the petitioner is that he raised proverbial lalkara and as such he is entitled to bail. He further submits that the offence, if any, com mitted by the accused persons would fall within the purview of section 304, P. P. C. and not under section 302, P. P. C. As against this the learned A. A.‑G. was opposed this application on the ground that there is sufficient overt act attributed to the petitioner.
4. After hearing the learned counsel for the parties, I find that it ‑not a case of mere raising lalkara but something more has been done b the petitioner towards the murder of the deceased. It has been state in the F. I. R. that Nawab had approached the complainant and. brough them on the pretext of taking away the 'Shahteer' and in pursuant to the conspiracy he got the deceased murdered by Lazar to accused. The police has recorded the statements of two witnesses namely, Gulzar and Francis Masih, to the effect that Nawab petitioner hail brought the deceased an his brother to the house of Lazar co‑accused so that the deceased is murdered there. The question of the nature of offence can be properly appreciated at the time of trial and it would not be proper to appreciate the same at this stage.
5. For what has been stated above, it is not a fit case for the grant of bail at this stage. Dismissed.
S.G.D. Bail refused
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