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Criminal Miscellaneous No.1327-B of 1987, decided on 13th March, 1987

---S.497--Penal Code (XLV of 1860), S.302/34--Bail, grant of--Accused empty handed at time of occurrence and had not caused any injury to deceased--Only allegation against accused was that of raising lalkara--Question of guilt or innocence of accused requiring further inquiry--Bail granted in circumstances.

M.D. Tahir for Petitioner.

This is an application for the grant of bail by Farman Ali petitioner in case under section 302/34 P.P.C. registered at Police Station Mustafa Abad (Lulliani) vide, FIR.No.4/87 dated 11-1-1987.

2. The prosecution case is that the petitioner and his brother in furtherance of their common intention caused the death of Zulfiqar. As for the petitioner, it has been alleged that he raised lalkara and thereby instigated his brother to do away with the deceased.

3. The learned counsel for the petitioner submits that the petitioner was empty handed and he did not cause any injury to the deceased. Conversely the learned counsel for the State assisted by the learned counsel for the complainant has opposed this application. He maintained that by raising lalkara, the petitioner had instigated his co-accused to murder the deceased and as such is vicariously liable.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner was empty handed at the time of occurrence; that he had not caused any injury to the deceased and that the only allegation against him is that of raising a lalkara. In the circumstances, I am of the view that question of guilt/innocence of the petitioner requires further enquiry. The petitioner is therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate Kasur.

M. Y. H./F-36/L Bail granted

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