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Criminal Miscellaneous No. 1127/B of 1986, decided on 17th December, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302/34, 379 & 411‑‑Bail, grant of‑‑Accused attributed role of catching hold of deceased while given simple injury by co‑accused with butt of his gun‑‑Deceased already having received fatal gun‑shot injury‑‑Accused empty‑handed at spot‑ Bail allowed in circumstances.
Altef Ibrahim for Petitioner.
Mian Ishfaq Ahmad for the State.
Munir Ahmad, complainant, reported at Police Station Muzaffargarh, that on 23‑4‑1986, at Asarwela, he in the company of Allah Wasaya went to make some purchases from the shop of Allah Diwaya, where he found his brother Nasir Bakfish (deceased) sitting on a cot. Meanwhile Pervaiz Iqbal, petitioner, his co‑accused Muhammad Nawaz and Sajid came there in a car. Sajid, co‑accused, was at that time armed with a gun. As soon as they came out of the car Sajid raised Lalkara that Nasir Bakhsh should be done to death and simultaneously fired at him hitting on his left flank. Nasir Bakhsh, deceased, ran for life towards the Haveli of Allah Diwaya. The accused persons chased him into the Haveli. Pervaiz Iqbal, petitioner, and his co‑accused Muhammad Nawaz held Nasir Bakhsh, deceased, by his arms while Sajid gave him a blow with the butt side of the gun on his head. Nasir Bakhsh died on the spot. It was also alleged that the accused persons while running away from the spot took away the licensed pistol of the deceased which was tied with his waist. The doctor on post‑mortem examination found two injuries on the person of deceased, i.e. a gun‑shot wound in the abdomen which proved fatal and a simple injury on the head caused with blunt weapon.
2. The petitioners' bail‑plea was declined by the lower Court, hence this application. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
3. Admittedly, the petitioner went empty handed to the spot. The only role attributed to him is that he caught hold of the deceased by his arms while his co‑accused Sajid gave him an injury with the butt side of his gun on the head which later proved to be simple. Prim facie it appears that the principal accused, namely, Sajid, who was armed with a gun, hardly required the help of the petitioner in securing the deceased for inflicting a simple hurt with the butt side of his gun on the head of the deceased who had already suffered a ital fire‑arm injury, at his hands.
4. In view of the above without expressing on the merits of the case, I feel inclined to allow this petition. Pervaiz Iqbal, petitioner, shall be released on bail subject to his furnishing bail‑bond in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Muzaffargarh.
S.A. /P‑4/L Bail granted.
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