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Criminal Miscellaneous No.1327-B of 1983, decided on 5th November, 1983.
---S. 497--Penal Code (XLV of 1860), S. 302/34--Bail--Accused not causing any injury to deceased and allegedly accompanying his co-accused with a hatchet in his hand--Case against accused of further inquiry Bail granted.
Syed Muhammad Zawwar Shah for petitioner.
Nasim Rashid for the State.
Falak Sher and his three co-accused allegedly attacked and caused murder of Ahmad Masih and simple injuries to latters son Sabah Masih. Petitioner is attributed simple injury to Sabah Masih son of the deceased, He allegedly accompanied his co-accused with a hatchet in his hand but did not cause any hatchet injury to the deceased. The assailants had gone to the land for committing the theft of water turn, which was of the deceased. It will be for the trial Court to determine if petitioner shared the common intention to cause murder or murderous assault. The case against the petitioner who did not cause any injury to the deceased, is of further inquiry. In the circumstances petitioner is allowed bail subject to his furnishing security in the sum of Rs.25,000 (Rupees twenty-five thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate Khanewal.
M. Y. H. Bail granted.
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