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Criminal Miscellaneous No. 1842/B of 1987, decided on 21st June, 1987.
---S.497--Penal Code (XLV of 1860), S.302/34--Bail, grant of--Accused having no motive to kill deceased--Accused admittedly empty-handed and only Jappha attributed to him--Solitary blow to deceased given by co-accused--Part played by accused requiring further inquiry--Bail granted in circumstances.
M. Iqbal Bhatti for Petitioner.
Syed Muhammad Jalaluddin Khuled for the State.
Shafaqat alias Tull alongwith one Tariq alias Tara is accused of having caused the murder of Muhammad Bilal, deceased at 6 p.m., on 23-9-1986 near Chowk Bhagtanwala, Krishan Nagar, Lahore.
2. According to prosecution, on 19-9-1986 Muhammad Bilal, deceased, with other boys of his Mohallah were playing cricket in the street while Tariq, co-accused of the petitioner, had abstained from playing cricket there. This led to a quarrel between Muhammad Bilal, deceased, and aforesaid Tariq alias Tara. They were, however, separated by the residents of the Mohallah. Tariq alias Tara while leaving the place administered threat to Bilal that he would avenge his insult.
3. At the fateful time Bilal, deceased, in the company of his brother Sohail Ahmad complainant were going to take aerated drinks in Chowk Bhagtanwala when Tariq alias Tara and Shafaqat petitioner confronted them. The petitioner allegedly held Bilal, deceased, by his neck from behind while his co-accused Tariq alias Tara gave the fatal Chhuri blow on his chest resulting in his instantaneous death. The occurrence was witnessed by Sohail Ahmad, Arshad Shahzad and Azim Rashid P.Ws. Sohail Ahmad lodged F.I.R. the same day at 7-50 p.m., at police station Krishan Nagar, Lahore. The doctor who performed post-mortem examination observed one abrasion on the left nipple, a bruise on the right shoulder and an incised injury in the chest of the deceased. The petitioner as well as his co-accused Tariq alias Tara were arrested on 4-2-1987. The petitioner applied for the grant of bail in the lower Court but remained unsuccessful, hence this application.
4. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
5. Apparently the petitioner has no motive against the deceased. It is admitted that he was empty handed at the time of occurrence. Only Jappha is attributed to him. In view of the fact that solitary fatal blow has been caused to the deceased, therefore, the question whether the petitioner was at all required to hold deceased in his Jappha to facilitate the principal accused to cause him solitary fatal injury would need further inquiry. In the circumstances, I allow this petition. The petitioner is directed to be released subject to his furnishing bail-bonds in the sum of Rs. 50,000 (Rupees Fifty Thousand only) with two sureties each in the like amount to the satisfaction of A.C., City, Lahore.
S. A . /S-79/L
Bail allowed.
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