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Criminal Miscellaneous No. 2128‑B of 1984, decided on 3rd September, 1984.

---S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Shot fired by petitioner hitting deceased‑‑Bail declined in circumstance.

---S. 497(2)‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Two of petitioners attributed ineffective firing while third one found innocent in three successive investigations‑‑Held: A case of further inquiry, in circumstances‑‑Bail granted.

J. V. Gardner and Kh. Muhammad Sharif for Petitioners.

Zulfiqar Haider for the State.

This order will dispose of Crl. M.No.2128/B/84 moved by Safdar Hussain and Munawar Hussain and Crl. M. No.2382/B/84 moved by Muhammad Ramzan and Amanat Ali petitioners in a case under sections 148, 302, 307 and 324/149, P. P. C. registered at P. S. Ferozewala on 24‑3‑1984 on the allegation that the petitioner alongwith three others committed the murder of Muhammad Ashiq deceased and murderously assaulted Hamida Bibi P.W. with fire‑arms on 24‑3‑1984.

2. Bail for Safdar Hussain petitioner is claimed on the ground of false implication. According to Mr. J.V. Gardner, Advocate he has been found innocent in the three successive investigations carried out by the S.H.O. Ferozewala, D.S.P. Ferozewala and A.S.P. Sheikhupura. According to him they have reached the above conclusion after examining several persons.

Bail for Munawar Hussain petitioner is urged on the ground that only ineffective firing is attributed to him and there was no previous background of enmity between him and the complainant party. Mst. Hamida Bibi the injured P.W. has not implicated anybody in the offence.

Bail for Muhammad Ramzan is also claimed on identical grounds as urged on behalf of Munawar Hussain. It is stated that his case is identical to that of Munawar Hussain and ineffective firing is attributed to him.

Bail for Amanat Ali petitioner is claimed on the ground that only a simple injury on the forearm of the deceased is attributed to him and further that Safdar Hussain to whom the fatal shot is attributed has been proved to be innocent during the investigation. As the shot fired by Amanat Ali is alleged to have hit the deceased, I do not consider him entitled to bail and accordingly dismiss his application.

However, for the reasons mentioned above, the case of the other petitioners seems to be distinguishable from Amanat Ali and appears to be one of further inquiry. Accordingly, I admit them to bail in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of A. C., Ferozewala .

S. G. D. Order accordingly.

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