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Criminal Miscellaneous No.2041‑B of 1986, decided on 3rd August, 1986.

‑‑S.497‑‑Penal Code (XLV of 1860), S.302/34‑‑Bail, grant of‑‑Accused and one of his co‑accused allegedly holding deceased by his arms but none of them was but when deceased was fired at by another co -accused‑‑Accused attributed role of Japha only‑‑When principal accused was armed with a pistol, he would hardly require holding of deceased by accused before firing at him‑‑Question of participation or non -participation of accused in occurrence needing further inquiry‑‑Bail allowed in circumstances.

Ch. Muhammad Hussain Chhachar for Petitioner.

Bashir Mirza for the State.

Date of hearing: 3rd August, 1986.

This bail petition has been moved on behalf of Javid Iqbal son of Muhammad Hussain caste Rajput resident of Chak No.15/1‑L, . Tehsil and District Okara, who stands arrested under section 302/34, P.P.C. In case F.I.R. No.192, dated 7‑6‑1986 registered at Police Station Sadar, Renala Khurd, District Okara.

2. According to F.I.R. Muhammad Salim, complainant, was sitting in front of his house on the day of occurrence at about 10 a.m., while his brother Tahir (deceased) was sitting near the shop of Ali Sher in the company of Ali Sher and Nisar P.Ws. where Javid Iqbal (petitioner) came and took Tahir (deceased) aside near a trolly parked in front of his Ahata lying vacant. In the meantime, Ghulam Murtaza and Ali Asghar, co‑accused of the petitioner, also came there. Javid Iqbal and Ali Asghar seized Tahir (deceased) by his arms while Ghulam Murtaza within no time took out a .12 bore pistol from his Dub and fired at him hitting between his right thigh and bladder as a result of which he died in the way same day while being removed to the hospital for treatment.

3. The petitioner unsuccessfully applied for bail in the lower Court, hence this petition.

4. I have heard learned counsel for the petitioner as well as for the State and also perused the record. Only Japha is ascribed to the petitioner. When principal accused Ghulam Murtaza was armed with a pistol he would hardly require that the deceased should be held in grips by the petitioner before firing at him. Two persons (including the petitioner) allegedly held the deceased, but none of them was hurt when the deceased was fired at. To my mind, in the circumstances of the case, the question whether or not the petitioner participated in the occurrence, needs further inquiry. Consequently, I allow this petition. The petitioner is directed to be released subject to his furnishing bail‑bonds in the sum of Rupees twenty thousand (Rs.20,000 only) with two sureties each in like amount to the satisfaction of A.C./Duty Magistrate, Okara.

H.A.K. Bail allowed.

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