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Criminal Miscellaneous No. 3335‑B of 1986, decided on 6th December, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Evidence on record and surrounding circumstances not unequivocally showing that petitioner was liable for serious offence of murder imputed to him‑‑Question whether petitioner gave kick with motive to cause death of deceased or in normal process of just wanting to assault him yet to be determined‑‑Petitioner allowed bail, in circumstances.

Talaat Farooq Sheikh for Petitioner.

Malik Rehmat Khan Awan for the State

Date of hearing: 6th December, 1986.

This is a petition under section 497 Cr.P.C by Zafar Iqbal petitioner, for bail in respect of a case instituted against him and two others under section 302/34, P.P.C. at Police Station Khudian, District Kasur, on 26‑6‑1986,

2. The prosecution case in brief is that Sabir complainant P. W. was in the Main Bazar of Basti Salamatpura, when all of a sudden he found his companion Qutab Din running towards him, followed by Zafar Iqbal, petitioner, and Muhammad Feroze and Muhammad Khan, co‑accused. Zafar Iqbal, petitioner, was empty‑handed, whilst Muhammad Khan co‑accused, was armed with, a Sota, and Muhammad Feroze, co‑accused, was armed with a gun. Muhammad Khan, co‑accused inflicted an injury on the back of Qutab Din, deceased, whereupon the latter fell down. Zafar Iqbal, petitioner, then inflicted a kick blow on the deceased, which hit him on his testicles, as a result of which the deceased started writhing in agony. Muhammad Feroze, co‑accused, uttered a Lalkara that if anybody interfered he would be dealt with. The occurrence was witnessed by Nizam Din and Muhammad Din.

The motive for the occurrence was that 7/8 days back there had been a dispute between Muhammad Khan, co‑accused, and Qutab Din, deceased, over the damage of crops by the cattle.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the police record. Muhammad Khan and Muhammad Feroze, co‑accused have been found innocent by the police and their names have been ordered to be placed in column No. 2 of the challan by the D.S.P., Crimes, who investigated the case. In this view of the matter, prima facie Zafar Iqbal, petitioner, alone remains in the picture as the sole assailant. It is contended by the learned counsel for the petitioner that the motive is not such as would have prompted Zafar Iqbal, petitioner, who is the brother of Muhammad Khan, co‑accused to have murdered Qutab Din, deceased, over some petty dispute regarding damage to crops. It is also submitted that very likely over some arguments, the petitioner assaulted the deceased and in the process he kicked him, but more within the range of assault rather than with any preconceived motive to kill the deceased. The submissions made by the learned counsel for the petitioner are not without significance. The evidence on the record and the surrounding circumstances do not unequivocally show that the petitioner is liable for the serious offence of murder imputed to him. The question whether Zafar Iqbal, petitioner, had inflicted the kick with the motive to cause the death of the deceased or in the normal process of just wanting to assault the deceased, is one which calls for further inquiry. Without going on the record as having given any opinion in the matter, I would only say, for the limited purposes of this bail petition, that the petitioner has made out a case for his release on bail.

4. For the foregoing reasons, this petition is accepted and Zafar Iqbal, 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/ Ilaqa Magistrate, Kasur.

S. G. D. /Z‑5/L Bail allowed.

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