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Criminal Miscellaneous No.461/B of 1987, decided on 28th rebruary, 1987.

---S.497--Penal Code (XLV of 1860), Ss.302 & 307/34--Bail, grant of--Only Japha attributed to accused--No injury either to deceased or to any witness caused by accused who was empty-handed at time of occurrence--Bail granted in circumstances.

Khan Muhammad Bajwa for Petitioner.

Mian Abdul Qayyum Anjum for the State.

Date of hearing; 28th February, 1987.

This is a petition for bail on behalf of Muhammad Gulzar an accused in a case under section 302/307/34, P.P.C. alongwith Muhammad Younas, Muhammad Arif and Mst. Razia for the alleged murder of Muhammad Sabir. The prosecution case is that Muhammad Arif used to play cassette in loud voice which was objected to by Muhammad Sabir deceased and others. On 26-7-1986 at about Isha prayer time the accused were again playing songs. Muhammad Sabir deceased and others objected. Mst. Shahida accused raised lalkara. Muhammad Gulzar petitioner held Muhammad Sabir in his Japha whereafter he was given Khanjar blows by Muhammad Arif and Muhammad Younas accused. Muhammad Zakar P. W. was also injured in this occurrence. The accused were arrested. Mst. Shahida is already on bail.

2. I have heard the learned counsel appearing for the parties. Muhammad Gulzar petitioner was empty handed at the time o occurrence. He did not cause any injury to the deceased or to an witness. The only role attributed to him is that of Japha to the deceased. He is stated to be an employee of the A.-G. Office Lahore.

In view of the above circumstances Muhammad Gulzar petitioner is admitted to bail on his furnishing of bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate Lahore.

S.A./G-43/L Bail granted.

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