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Criminal Miscellaneous No. 1209/B of 1986, decided on 13th January, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302/34, 379 & 411‑‑Bail, grant of‑‑Accused allegedly caught hold of deceased while principal co‑accused injured him‑‑Accused admittedly empty‑handed at time of occurrence‑‑Co‑accused with similar allegation, already granted bail‑‑' Case of accused at par with co‑accused‑‑Bail granted in circumstances.
Altaf Ibrahim Qureshi for Petitioner.
Agha Khurram for the State.
Fazalur Rahman Khan for the Complainant.
Muhammad Nawaz, petitioner, stands arrested under section 302/34, P.P.C. for having caused the murder of Naseer Bakhsh on 23‑4‑1986 near the shop of Allah Diwaya in the vicinity of Basti Gharibabad, Police Station Saddar, Muzaffargarh.
2. According to prosecution, Sajid Hussain, the principal accused, accompanied by the petitioner and Pervaiz (since bailed out) went in a car to the shop of Allah Diwaya. They found Naseer Bakhsh, deceased, sitting there, who was shot at by Sajid Hussain. Naseer Bakhsh after having been hit with the fire started running for life towards the Haveli of Allah Diwaya but was chased by the accused. The petitioner and Pervaiz caught hold of the deceased while Sajid Hussain gave him a blow with butt‑side of his gun on his head as a result of which he fell down and then died. A licensed pistol which was tied round the waist of the deceased was taken away by the accused. During investigation the licensed revolver of the deceased had been recovered from the petitioner.
3. The petitioner applied for bail to the lower Court but did not succeed, hence this application. I have heard learned counsel for the petitioner as well as for the State assisted by learned counsel for the complainant and also perused the record.
4. Admittedly, the petitioner caught hold of the deceased after he had received the fatal shot fired by Sajid Hussain, the principal accused. The petitioner admittedly went to the place of occurrence empty‑handed. Pervaiz, co‑accused of the petitioner, has already been allowed bail by me in Criminal Miscellaneous No. 1127‑B of 1986 vide order, dated 17‑12‑1986. The case of the petitioner being at par with that of Pervaiz (since bailed out) I feel inclined to allow this petition. He is directed to be released on bail subject to his furnishing bail‑bonds in the sum of Rupees Thirty Thousand (Rs.30,000 only) with two sureties each in the like amount to the satisfaction of A . C . /Duty Magistrate, Muzaffargarh.
S. A./M‑42/L Bail granted.
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