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Criminal Miscellaneoue, No. 198/B of 1986, decided on 8th March, 1986.

------S. 497‑‑Penal Code (XLV of 1860), S.302 Bail, grant of Accused caused no injury to deceased nor related to co‑accused nor having any motive his own to launch attack on complainant party‑‑Question whether accused shared common intention with co‑accused for committing murder deceased yet to be determined‑‑Case being that of further inquiry, accused allowed bail.

Asif Saood Khan Khosa for Petitioner.

Syed Tasadaq Hussain Jilani, Asstt.A.‑G. for the State.

Date of hearing: 8th March, 1986.

This is a petition for bail on behalf of Muhammad Latif who accused of murder of Muhammad Ashraf and for murderous assault Shabrati complainant and one Muhammad Sadiq alongwith Muhammad Sultan, Muhammad Naseem and Muhammad Nawaz accused. The prosecution case in brief is that on 15‑6‑1985 at about 6‑15 a.m. Shabrati complainant and his son Muhammad Ashraf were proceeding to Courts at Kabirwala When they reached on Paces Road near Basti Eisaian suddenly Sultan, and Naseem accused armed with pistols, Muhammad Nawaz and Latif accused armed with sticks came there. They challenged, where after Sultan fired at Muhammad Ashraf who was hit and fell down. Nasim accused fired at Shabrati complainant but in stead Muhammad Sadiq passer by was hit. The said fire also hit Muhammad Ashraf decease Muhammad Nawaz and Latif accused gave stick blows to Shabrati complainant on his head. The occurrence was witnessed by Ata Muhammad and Muhammad Aslam. The accused ran away where after the three injured were taken to Civil Hospital. Kabirwala. The motive was stated to be that Muhammad Nasim accused was beaten by Muhammad Ashraf deceased and was facing prosecution for that.

2. It is contended on behalf of the petitioner that firstly, Muhammad Latif petitioner is in no way related to his co‑accused and was n involved in any case between the parties prior to this occurrence Secondly, he had no motive to join the co‑accused in commission this offence. Thirdly, that he did not cause any injury to the deceased and finally that only simple injuries by blunt weapon to Shabrati complainant had been attributed to him. This petition has been opposed by the learned Assistant Advocate‑General and counsel for complainant. Muhammad Latif petitioner did not cause any injury to the deceased. He is not related to his co‑accused and had no motive of his own to launch an attack on the complainant party. As such the question whether he shared common intention with his co‑accused or not requires determination and it makes out his case to be that of further Inquiry. Muhammad Latif is admitted to bail on his furnishing of bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Kabirwala.

S. A. Bail allowed.

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