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Criminal Miscellaneous No.3651/B of 1987, decided on 19th April, 1987.
---S.497--Penal Code (XLV of 1 60), Ss.109 & 302/34--No overt act attributed to accused- -Co-accused attributed fatal shot found innocent by police--Three other co-accused also found innocent and not arrested by police--F.I.R. version found false--Bail, granted in circumstances.
Haji Malik Nazir Farid Khokhar and Ch. Inayatullah for Petitioner.
Dr. Khalid Ranjha for the Complainant.
Mehar Khan Muhammad for the State.
Date of hearing: 19th April, 1987.
Bashir petitioner has moved this petition for bail in a case registered against him and others under sections 302/34 and 109, PPC.
2. The prosecution version is that on 21-7-1986 at 6 P.M. Muhammad Altaf complainant and his father Ata Muhammad were waiting for bus at Jamoo Wachal Bus Stop when Khalid, Zulfiqar, Bashir petitioner and Khuda Yar came there on two motor cycles. Khalid and Bashir were driving the motor cycles. Khuda Yar and Zulfiqar were armed with .12 bore guns. Khalid raised a lalkara that they had come to take revenge of the murder of his maternal uncle and Zulfiqar fired his gun at Ata Muhammad hitting his chest as a result of which he died at the spot.
The motive .for the occurrence was that 2/21 years before the occurrence, Nazar Muhammad son of aforesaid Zulfiqar was murdered for which the complainant and his father .Ata Muhammad deceased and others were prosecuted but were acquitted.
3. Learned counsel for the petitioner contends that during the investigation ZuIfiqar, Khuda Yar, Wali Muhammad and Fakhar Hayat were found innocent and a major part of the prosecution story has been found false. It is further submitted that in the FIR no overt act has been attributed to the petitioner and he has been falsely implicated being a witness in the previous murder case.
Learned counsel for the complainant on the other hand submits that the allegations prima facie indicate that all the accused had acted in a preconcert, therefore, no ground for bail is made out. The learned State counsel has also opposed the prayer for bail.
4. I have gone through the relevant material and considered the submissions made by the learned counsel for the parties. In the FIR fatal shot was attributed to Zulfiqar but he has been found innocen during investigation and the police has not arrested him. Likewise Khuda Yar, Waif Muhammad and Fakhar Hayat were also found innocent and they too were not arrested. During the investigation it was, found that the fatal shot was fired by Khalid co-accused who ha come to the spot on a motor-cycle driven by the petitioner. Since the FIR version has been found false and no overt act has bee attributed to the petitioner, a case for his enlargement is made out. I, therefore, admit him to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Assistan Commissioner, Okara.
S. A./B-25/L Bail granted.
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