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Criminal Miscellaneous No. 928‑B of 1986, decided on 4th November, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 109 & 302/34‑‑Bail, grant of‑‑Principal role of killing deceased attributed to one accused‑‑Other two accused attributed role of bodily lifting deceased‑‑F.I.R. not disclosing as to where deceased was fired at and killed‑‑Inspection note evincing murder in Kotha‑‑Witnesses stating firing from distance of 43 feet‑‑Two accused causing no injury to deceased‑‑Bail granted in circumstances.
Mian M. Parvaiz Akhtar for Petitioner.
A.A.‑G. for the State.
S. Faiz Muhammad Khosa for Complainant.
The petitioners have been arrested under section 302/109/34, P.P. C. They have petitioned for being enlarged on bail.
2. The facts as narrated in the F.I. R. in substance are that Muhammad Zafar, the brother of Muhammad Waryam, the complainant, was married to Mst. Surayya daughter of Wali Dad. She had not yet gone to live with her husband. The petitioners wanted the hand of Mst. Surayya for Abdur Rashid, petitioner No.2 and on account of the said grievance they decided to kill Muhammad Zafar. On 18‑7‑1986 at about Azanwela all the petitioners were seen lifting Muhammad Zafar bodily and taking him to the Dera of Wali Dad Haraj. Nadir, the father of Maqsood Ahmad and Abdur Rashid held Lalkara that he should be taught a lesson of marrying Mst. Surayya, who had been betrothed in their family. Muhammad Zafar was raising an alarm which attracted Barkat Ali and Manzoor Hussain. Within their sight, Abdur Rashid fired at Muhammad Zafar which hit him on the left groin. The by‑standers chased them and all of them succeeded in running away. They had put off the Shalwar of Muhammad Zafar and threw it nearby. Muhammad Zafar was alive and the complainant and the P. Ws. went there and he died within their sight.
3. The bail petition of Abdur Rashid was dismissed on 23‑9‑1986 as the principal role of killing Muhammad Zafar has been attributed to him. The part attributed to Nadir and Maqsood Ahmad is that they had bodily lifted Muhammad Zafar and were taking him to the Dera of Wali Dad Haraj. Further the part of Lalkara has been attributed to Nadir Ali. From the F.I.R., it is not evident as to where Muhammad Zafar was fired at and killed. The copy of the inspection note evinces that he was murdered in a Kotha and according to the statement of the P. Ws. Abdur Rashid had fired at him from a distance of 43 feet. Nadir Ali and Maqsood Ahmed did not cause any injury to Muhammad Zafar. In the circumstance, they deserve to be released on bail. I, therefore, release them on bail in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the A.C./Duty Magistrate, Khanewal.
S. A. /N‑3/L Bail granted.
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