Find a Lawyer

Criminal Miscellaneous No.2025‑B of 1986, decided on 7th August, 1986.

‑‑‑S.497‑‑Penal Code (XLV of 1860), S.302/148/149‑‑Bail, grant of Only role of proverbial Lalkara attributed to accused‑‑Deceased dying due to gunshot injury attributed to co‑accused‑‑Bail allowed to accused in circumstances.

Liaqat Ali Sindhu for Petitioner.

Gulshan Ahmad for the State.

Date of hearing: 4th August, 1986.

Nek Muhammad alias Neka petitioner is accused of having committed the murder of Muhammad Khan, deceased, while being member of unlawful assembly. The case has been registered at Police Station Pindi Bhattian, vide F.I.R. No.41, dated 28th February, 1986, under sections 148, 302 read with section 149, P . P . C .

2. Nazar Muhammad complainant lodged F.I.R. in this case. It is stated in the F.I.R. that on day of occurrence at 5‑00 p.m. Muhammad Khan (deceased) alongwith Yasin and Sattar loaded his luggage in a Trolley as they were shifting to Pindi Bhattian for doing labour there. In the meantime, Sattar armed with carbine, Jabbar with gun, Shakoor and Ghani with Sotas, came there in the company of the petitioner. The petitioner allegedly raised a Lalkara that if Mst. Hajran Bibi, daughter of the complainant is not given in marriage to Jabbar, then they would not allow them to shift to Pindi Bhattian. Muhammad Khan deceased reported that so long he is alive Mat. Hajran Bibi would not be given in marriage to Abdul Jabbar. At this, the petitioners raised a Lalkara exhorting his companion Jabbar to fire at Muhammad Khan whereupon Jabbar and Sattar in compliance to the Lalkara fired at the deceased hitting him in the chest, as a result of which he fell dead on the spot.

3. According to the post‑mortem report, the deceased died due to the gun shot injury. During the investigation the petitioner and his co‑accused were arrested. The petitioner is in jail since 2nd May, 1986. He applied for the grant of bail in the Sessions Court but did not succeed, hence this petition.

4. I have heard the learned counsel for the petitioner as well of for the State and perused the record.

5. Admittedly, only proverbial Lalkara is attributed to the petitioner, therefore, I feel inclined to allow this petition. He is directed to be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Pindi Bhattian.

H.A.K. Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.