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Criminal Miscellaneous No, 94-8 of 1984, decided on 19th February, 1984.
---S. 497--Penal Code (XLV of 1860), S. 302--Bail, grant of--Only Lalkara and Japha attributed to petitioners--Question whether in view of single Churri blow to deceased Japha was at all necessitated, yet to be looked into--Held: A case of further inquiry in circumstances Petitioners allowed bail.
Athar Rahman Khan for Petitioners.
Altaf Ibrahim Qureshi for the State.
Date of hearing: 19th February, 1984.
Ahmad Bakhsh and Muhammad Rafique, petitioners have applied to this Court for the grant of bail after having remained unsuccessful before Additional Sessions Judge, Vehari.
2. According to the prosecution case, Muhammad Rafique, petitioner, took Wahab, deceased in his grip while his co-accused Muhammad Ramaan gave one Chhuri blow to the deceased which resulted in his death. As for Ahmad Bakhsh, petitioner, he is stated to have raised Lalkara.
3. I have heard learned counsel for the petitioners as well as for the State and also perused the record.
4. It is argued on behalf of the petitioners that they are innocent) and have been involved in this case due to enmity. It is further submitted that only a proverbial Lalkara has been attributed to Ahmad Bakhsh, petitioner, and the allegation of Japha to Muhammad Rafique, petitioner is also not believeable as causing of one Chhuri blow hardly necessitated that Wahab deceased should have been held in grips b Muhammad Rafique. The argument has force. I feel that the allegation against petitioners necessitates further inquiry whether the petitioners were present and participated in the occurrence or not.
5. In this view of the matter I am inclined to allow this petition. It is directed that the petitioners be released on bail subject to their furnishing bonds in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety in like amount each to the satisfaction of Assistant Commissioner/ Duty Magistrate, Mailsi.
S. G . D . Petition allowed.
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