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Criminal Miscellaneous No.430/B of 1985, heard on 18th March, 1985.

‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss.302, 307 & 324/34‑‑Bail, grant of‑‑Accused empty‑handed at time of occurrence‑‑Sharing of intentior with co‑accused to attack deceased with knife, not alleged against accused‑ ‑Co‑accused who caused injuries to deceased reaching place of occurrence after initial grappling between accused and deceased‑‑Accused not having serious grievance which might provoked him to murder deceased‑‑Case of further inquiry, held, made out‑‑Bail allowed in circumstances.

Ch. Sana Ullah Bajwa for Petitioner.

Noor Muhammad Paras for the State.

This is an application for post arrest bail on behalf of Asghar Ali who is one of the three accused involved in a case under section 302/307/324/34, P.P.C. registered at Police Station Lalamusa, District Gujrat on 30th of July, 1984.

2. The prosecution case briefly is that on 30th of July, 1984 at about 6‑30 p.m. when Rashid Mahmood, deceased was passing through a street of the village, the petitioner and Zakir Shah passed by him, staring at him. He enquired from Zakir Shah as to what was the matter whereupon they caught hold of him and started giving him fist blows. Meanwhile Talib Shah, father of Zakir Shah, came there. He picked up bottles from the shop of Inayat and struck them against the deceased. Later on Talib Shah took out a knife and gave three blows with it to the deceased as a result, whereof he started bleeding and fell down. Khalid Hussain and Asad Shah witnessed the occurrence. The motive for the attack was that about ten days prior to the occurrence, a verbal altercation had taken place between the deceased on the one side and the petitioner and Zakir Shah on the other. The relations between the parties were strained on account of the previous elections also.

3. The occurrence was reported to the police on the same day at 8‑15 p.m. by the deceased himself. On his report a case under section 307/324/34, P.P.C. was registered. He was admitted in the hospital where he succumbed to the injuries on 6th of August, 1984, On his death an offence under section 302, P.P.C. was added. After the completion of investigation, the petitioner and his co‑accused have been challaned under section 302/307/324, P.P.C.

4. Bail of the petitioner is sought on the ground that at the time of the alleged attack on the deceased, the petitioner was empty handed and there is no allegation in the F.I.R. That he shared the intention with Talib Shah to attack the deceased with a knife or to kill him. The ground is not without substance. Talib Shah who caused injuries with a knife as a result of which the death of the deceased occured reached the place of occurrence after the initial grappling between the petitioner and Asghar Shah on the one side and the deceased on the other. Moreover, there is no allegation that the petitioner had any serious grievance which could provoke him to commit the murder of the deceased. In these circumstances, the case against the petitioner needs further inquiry.

5. Accordingly this application is accepted and the petitioner is admitted to bail in the sum of Rs.10,000 (Rs. ten thousand) with two sureties in the like amount to the satisfaction of A.C. Gujrat

M. A. K.

Bail granted.

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