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Criminal Misc. No.911 /B of 1983/Bahawalpur, decided on 18th October, 1983.
---S.497-Penal Code (XLV of 1860), S.307/326/325/148/149--Bail--Case of accused identical with co-accused to whom Sessions Court allowed bail- Question of guilt of accused requiring further inquiry--Bail granted.
Nazir Ahmad Bhatti for Petitioner.
This is an application for bail on behalf of Muhammad Alam, in a case under section 307/326/325/148/149, P.P.C. registered at Police Station Chrishtian, District Bahawalnagar vide F. I. R. No.186/83, dated 6th August, 1983.
2. The prosecution case is that the petitioner and others in furtherance of their common object launched murderous assault on Abdul Hameed and others on 6th August, 1983 in the area of Chak 110, Fatheh, Tehsil Chishtian, District Bahawainagar.
3. Learned counsel for the petitioner submits that the co-accused namely Muhammad Muslim whose case is identical with that of the petitioner has already been allowed bail by the learned Sessions Judge, Bahawalnagar.
Learned counsel for the State has however, opposed this application on the ground ,that the alleged offence being punishable. with imprisonment for life, falls within the prohibitory clause of section 497, Cr.P.C. and that the provisions of section 148/149, Cr.P.C. are very much attracted to the case of the petitioner.
4. After hearing the learned counsel and going through the material available before me I find that the co-accused Muhammad Muslim who was attributed identical role has already been allowed bail by the learned Sessions Judge. The learned Sessions Judge has distinguished the case of Muhammad Alam on the ground that he had direct motive against the victim. I find that Muhammad Muslim co-accused being the brother of Muhammad Alam had also direct motive against the victim and as such prima facie the case of Muhammad Alam is not distinguishable from the case Muhammad Muslim. I further find that some of the co-accused were also injured during the incident.
For what has been found above I am of the opinion that the question of guilt of the petitioner requires further inquiry. He is allowed 8 bail in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Chistian.
M.Y.H. Bail allowed.
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