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Criminal Miscellaneous No. 2021 /B of 1983, decided on 22nd August, 1983.
---S.497 read with Penal Code (XLV of 1860), S.302--Bail, grant of- [Murder case]--Deceased sustaining only two wounds of entry caused by fire-arm whereas eleven persons of same family arrayed for a single murder--Shot fired by petitioner also not hitting deceased at all--Petitioner allowed bail, in circumstances.
1980 S C M R 784; 1981 S C M R 849 and 1979 S C M R 70 ref.
Malik Noor Muhammad Awan for Petitioner.
Mr. Yasin Qadri for the State.
In this case in all 11 persons were accused of having killed a lady by fire-shots. The petitioner seeking bail was alleged to have shot a fire, among others, hitting only a cow. Counsel placed reliance on 1980 S C M R 784 to argue that it was a case of an ineffective firing and the whole family constituting of 11 members was arrayed. Besides, he submitted that there was delay of about 8 hours and the total absence of motive vis-a-vis the petitioner.
2. Mr. Yasin Qazi, counsel for the State, on the other hand strenuously opposed the petition relying on 1981 S C M R 849 and 1979 S C M R 70, which did not permit bail even in a case of an ineffective firing.
3. The authorities relied on both the sides are based on different facts. To implicate as many as 11 persons of the family for the singular victim was, on the face of it, something abnormal. The deceased sustained only two wounds of entry which may well have been caused by the some shots. It is not a case according to the F.I.R. that the present petitioner's fire at all hit the deceased or even the cow. Indeed, the Story goes that as many as 9 persons collectively fired shots with their guns after the first fatal shot was served upon the deceased lady. One has to pause to think if as many fire shots were really needed after the lady had been done to death. Counsel was justified in believing that some exaggeration was introduced. Accordingly, the petitioner is allowed bail in the sum of Rs. 20,000 (rupees twenty thousand only) with two sureties, each in the like amount to the satisfaction of A.C. Mianwali.
S. G. D. Bail allowed.
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