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Criminal Miscellaneous No. 37‑B of 1982, decided on 15th February, 1982.
---‑‑S. 497‑Bail‑Neither any injury nor lalkara attributed to peti tioners‑Allegations of guarding murderers requiring further inquiry into matter‑Bail allowed‑Penal Code (XLV of 1860), S. 302/148/ 149.
Taj Muhammad Khan Langah for Petitioner.
Syed Zawar Hussain Shah for the State.
The petitioners have been reported against by one Ghulam Farid who lodged F.I.R. No. 38/42 dated 29th September, 1981 under section 302/148/ 149, P.P.G. registered at Police Station Rangpur, wherein Mst. Pahin and Sher Muhammad have been murdered.
2. According to the F.I.R. Allah Ditta dealt kulhari blows to Sher Muhammad deceased, in his house and killed him while his two compa nions namely, aforesaid Nawaz and Allah Diwaya killed Mst. Pahin wife of the aforesaid Sher Muhammad by giving hatchet blows to her in the same house. The present petitioners allegedly stood as guards of their co‑accused during the commission of the aforesaid murder by them. The petitioners were arrested immediately after the registration of the case and are presently lodged in jail.
3. They had applied for bail to the learned Additional Sessions. Judge, Muzaffargarh, who rejected their application on 10th January, 1981 Hence this petition.
4. I have perused the record in the light of the submissions made by the counsel for the parties.
5. There is no allegation that the petitioners had caused an injury to any of the two deceased persons. Even a lalkara had not been attributed to them. The allegation that they served as guards to the murderer certainly needs further inquiry to establish beyond reasonable doubt that they had actually acted in the manner as alleged in the F.I.R. The inquiry can only now be held at the trial.
6. For the reasons stated above, I am inclined to admit the petitioner to bail subject to their furnishing bail bonds in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner.
M.Y.M. Bail grantee
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