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Criminal Miscellaneous No. 356/B of 1985, decided on 24th February, 1985.
(a) Criminal Procedure Code (V
of 1898)--
---S. 497--Penal Code (XLV of 1860), Ss. 302, 307, 148 & 149-Bail grant of--No overt act attributed to accused--Case of accused, held, needed further enquiry--Bail granted.
(b) Criminal Procedure Code (V of 1898)--
---S. 497--Penaltode (XLV of 1860), Ss. 302, 307, 148 & 149--Bail, grant of--Only allegation against accused being of ineffective firing at complainant--Case of accused found to be of further inquiry--Bail granted to accused.
Inayat Ullah Cheema for Petitioners.
Nemo for the State.
Shera, Sikandar and Faiz Ahmad petitioners have moved this petition for bail in a case registered against them and others under sections 148, 302 and 307/149/109, P.P.C.
2. The prosecution version is that on 24th July, 1984 at 8.15 a.m. Shera petitioner armed with rifle, Sikandar and Faiz Ahmad petitioners, and co-accused Sultan Ahmad and Allah Bakhsh armed with guns confronted Muhammad Bakhsh deceased in a Bazar in Kot Moman Town. Sultan Ahmad filed his gun hitting the deceased in the back and Allah Bakhsh fired a shot hitting his right arm as a result of which he died at the spot. Faiz Ahmad petitioner fired an ineffective shot at the complainant.
The motive alleged in the F. I . R. is that the complainant had betrothed his daughter Mst. Riffat with Zulfiqar alias Zuifi son of Sultan Ahmad accused but this proposal was opposed by Muhammad Bakhsh deceased and Mst. Riffat was married with one Muhammad Akram.
3. The grounds urged for bail are that Shera and Sikandar had not committed any overt act and only ineffective firing has been attributed to Faiz Ahmad petitioner, therefore, their case needs further enquiry. No body has appeared on behalf of the State to oppose the prayer for bail.
4. I have gone through the relevant material. No overt act ha been attributed to Shera and Sikandar petitioners and the only allegation against Faiz Ahmad petitioner is of ineffective firing at the complainant.
I, therefore, feel inclined to the view that the case of the petitioners needs further enquiry. Consequently, I admit them to bail in the sum of Rs. 25,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.
S. A.
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