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Criminal Miscellaneous No. 2367/B of 1986, decided on 10th November, 1986.
---S. 497--Penal Code (XLV of 1860), Ss. 302 & 307/34--Bail, grant of--Accused allegedly indulging in firing resulting in death of one lady and injuring other--Accused found innocent by Investigating Officer on basis of certificate issued by Commanding Officer showing accused to be present in his unit on day of occurrence--Reasonable grounds for believing accused to be guilty of offence imputed, not existing--Accused, held, was entitled to bail in circumstances.
Muhammad. Saleem for Petitioner.
Sh. Ehsan Ahmed for the State.
This is a petition under section 497, Cr.P. C. by Muhammad Annar, petitioner, for bail in respect of a case instituted against him and one other under section 302/307/34, P.P.C. at Police. Station Kothiala Sheikhan on 11-3-1985.
2. The prosecution case in brief is that on 11-3-1985 at about 12-00 noon when Muhammad Nawaz, complainant, alongwith his sister Mst. Parveen and his relation Mst. Sakina Bibi, with her little baby, were going from Chak No. 14 to Kuthiala Sheikhan, they were accosted by Sikandar, co-accused, and Annar Khan, petitioner. The latter was armed with a gun. Sikandar, co-accused, abused Muhammad Nawaz, complainant, and uttered a Lalkara that he would taste the fruit for not giving his vote to his partyman, when Muhammad Annar, petitioner, opened fire, missing the complainant, but hitting Mst. Sakina Bibi, deceased, and her little baby. Muhammad Annar, petitioner, fired again, hitting Mst. Parveen Akhtar. Mst. Sakina Bibi died on the spot. The occurrence was witnessed by Zafar Iqbal and Mutalli P.Ws. The motive for the occurrence was that both the accused were annoyed with the complainant, because he had not voted for Muhammad Hayat in the election.
3. I have heard the arguments of the learned counsel for the petitioner and the State. It appears that Muhammad Annar, petitioner, was found innocent in police investigation, on the basis of a certificate issued by the Commanding Officer, 59-Baluch Regiment, Abbottabad, certifying that the petitioner was present in the unit on 10-1-1985 and 11-1-1985 and had not been granted any leave of absence, on 10-1-1985. The name of the petitioner has also been placed in column No. 2 of the challan. In this view of the matter, there are no unequivocal circumstances from which it can be inferred that there are reasonable grounds for believing that the petitioner is guilty of the offences imputed to him. In these circumstances, without going on 'the record as having given any opinion in the matter, I would only say, for the limited purposes of this petition, that the petitioner is entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Muhammad Annar, petitioner, is released on bail, subject to his furnishing security in the sum of rupees thirty thousand (Rs.30, 000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mandi Bahauddin.
S. A. Bail allowed.
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