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Criminal Miscellaneous No. 1050‑B of 1985, decided on 25th May, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307/324/34‑‑Grant of bail‑ Co‑accused allowed bail on ground of being empty‑handed and not sharing common intention with another co‑accused to attack deceased or to kill him‑‑No allegation against said co‑accused of having serious grievance which could provoke him to commit murder of deceased‑‑Same grounds available to accused‑‑Accused, held, was also entitled to bail on basis of parity‑‑Bail granted in circumstances.
Seerat Hussain Naqvi for Petitioner.
Nasim Iqbal for the State.
This is an application for bail after arrest by Zakir Hussain in a case registered against him and two others at Police Station Lalamusa, District Gujrat, on 30th of July, 1984, under section 302/307/324/34, P.P.C.
2. The two co‑accused in this case are Asghar Ali and Talib Shah. It is alleged that on 30th of July, 1984, at about 6‑30 p.m. as a sequel of an earlier altercation the petitioner and Asghar Ali, his co‑accused, caught hold of the deceased and started giving him fist blows. Subsequently, Talib Shah, the other co‑accused and father of the petitioner, joined the assault. He picked up bottles from the shop of Inayat and dealt blows with them to the deceased. Later on, Talib Shah whipped out a knife and gave three blows with it to the deceased as a result whereof he started bleeding and fell down. He was taken to the hospital where he succumbed to the injuries on 6th of August, 1984.
3. Asghar Ali co‑accused applied for his post arrest bail. He was allowed bail on the grounds that at the time of the alleged attack he was empty‑handed and that there was no allegation in the F.I.R. that he snared the intention with Talib Shah to attack the deceased with a knife or to kill him. It was also asserted by him that there was no allegation that he had a serious grievance which could provoke him to commit the murder of the deceased. The same grounds, as even admitted by the learned State counsel, are available to the petitioner as well.
4. Therefore, on the basis of parity this application also is accepted and the petitioner is admitted to bail in the sum of Rs.10,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner, Kharian.
H.A.K Bail granted.
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