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---S. 497/498‑‑Penal Code (XLV of 1860), S. 148/302/149‑‑Seven accused named in F.I.R.‑‑Five out of such accused found innocent during investigation‑‑Allegation in F.I.R. that accused was armed with gun, belied during investigation‑‑Case of accused, held, needed further enquiry and as such was allowed bail in circumstances.

Dil Muhammad Tarar for Petitioner.

M. Naeem for the State.

Feroz Khan petitioner has moved this petition for bail in a case registered against him and others under sections 148 and 302/149, P.P.C.

2. The F.I.R. version is that on 21st July, 1984 at 8‑30 a.m. Bashir Ahmad complainant and Liaqat deceased went to the house of Allah Ditta, Barber for hair‑cut and shave. Allah Ditta was not present in his house. His son Liaqat started shaving the deceased when Feroz Khan petitioner, co‑accused Aslam armed with .12 bore guns, Zaib with carbine, Zaman, Allah Ditta, Inayat and Delawar armed with Sotas came there. Feroz petitioner, co‑accused Aslam, Zaib and Inayat got into the house of Allah Ditta Barber and surrounded the deceased. Feroz petitioner, Zaib and Aslam fired one shot each at him hitting his abdomen, right temple and right elbow. Co‑accused Inayat gave him Sota blows on his back.

3. Learned counsel for the petitioner contends that out of seven accused, five were found innocent and shown in column No.2 of the challan; during the investigation it was found that the petitioner was armed with a Sota and not with a gun as alleged in the F.I.R. and according to Liaqat Barber, who is the most, natural witness of the occurrence, the petitioner was empty handed. The learned State counsel does not controvert the contention that according to Liaqat Barber the petitioner was empty handed and out of seven accused five were declared innocent and shown in column No.2 of the challan. He does not oppose the prayer for bail.

I have gone through the relevant material. Seven persons were named as accused in the F.I.R. Out of them, Aslam, Delawar, Inayat, Zaman and Allah Ditta were found innocent by an officer of the rank of D.S.P and shown in column No.2 of the challan. According to the prosecution the occurrence took place in the house of Liaqat Barber. He stated that Feroz Khan petitioner and Aurangzaib alias Zaib entered into his house, Aurangzaib was armed with carbine and Feroz was empty handed. Aurangzaib fired at Liaqat Ali deceased. He further A stated that none was present in the street at that time and he did not see any other person accompanying Aurangzaib and Feroz Khan. In the circumstance, I feel inclined to the view that the case of the petitioner needs further enquiry. I, therefore, admit him to bail in the sum of Rs.20;000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Mandi Bahauddin.

S.A Bail Allowed.

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