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Criminal Miscellaneous No. 1245/B of 1983, decided on 25th June, 1983.

---S. 497--Penal Code (XLV of 1860), S. 302/148/149/109--Bail, grant of--Accused not named as assailant of deceased or injured prosecution witnesses--Only allegation against accused being of having instigated his co-accused to kill deceased to get possession of land--Accused admittedly was not going to inherit anything from property left by deceased--Accused had been joining investigation after grant of interim bail--Case for enlargement of accused on bail held made out--Bail allowed in circumstances.

Q. M: Saleem for Petitioner.

Muhammad Altaf Khan for the State.

Shah Ahmad Baloch for the Complainant.

Jahangir petitioner has moved this petition for bail in a case registered against him and others under sections 148, 302, 109 read with section 149, P.P.C. The allegations are that on 30th April, 1983 at 7-30 a.m. Nur son of Mutalli armed with a rifle and his co-accused Yusuf, Zulfiqar and Kamir armed with Lathis and Hashmat empty-handed attacked Mst. Khatun. Nur son of Mutalli fired at her right flank, as a result of which she died at the spot. Mustafa son of Muhammad complainant and Muhammad son of Nur suffered injuries at the hands of those who were armed with Lathis. The petitioner is not named as the assailant of the deceased or the injured P.Ws. and the only allegation' against him that on 28-4-1983 he had instigated Nur etc. in Court premises, Samundari, that they will not be able to get the possession of land unless Mst. Khatun was killed.

Shahadat and Walia supported the allegation against the petitioner during the investigation. According to the learned counsel for the complainant, Walia was present in the Court premises at Samundari in order to get a cheque pertaining to pre-emption money which he had earlier deposited and Shahadat was with him.

2. I have gone through the relevant material. It is conceded that the petitioner was not to inherit any thing from the property left by Mst. Khatun. The Investigating Officer states the petitioner has been joining the investigation. In the circumstances, I feel that a case for his enlargement is made out. The interim bail is accordingly confirmed. The petitioner shall join the investigation if and when required.

H. A. K./5169/L Bail allowed.

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