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‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑One of the petitioners though allegedly armed with a hatchet, yet causing no injury to deceased and only Lalkara attributed to him while other one empty- handed and allegedly holding deceased before receiving injuries at the hands of principal offender‑‑Petitioners allowed bail, in circumstances.

Abdul Basit with Liaqat Ali Sindhu for Petitioners.

Yasin Qazi for the State.

Date of hearing: 12th October, 1986.

This is a petition for bail on behalf of Muhammad Aslam and his father Khushi Muhammad who both are being prosecuted alongwith Muhammad Akram, another son of Khushi Muhammad petitioner, for the alleged murder of Muhammad Shafi on 4‑8‑1986 at 11 a.m. in the area of village Kot Chian, District Gujranwala, Police Station Vaniky Tarar.

The prosecution case in brief is that Khushi Muhammad petitioner and Muhammad Shafi deceased had dispute over the construction of a water channel. The matter was referred to Ilam Din P.W. but in spite of that on the day of occurrence Khushi Muhammad started construction of the watercourse alongwith his sons Muhammad Aslam and Muhammad Akram accused. Abdul Sattar alongwith his father Muhammad Shafi and Ilam Din went to the spot to ask Khushi Muhammad accused not to construct the watercourse. At this Muhammad Aslam who was armed with hatchet shouted a Lalkara. Khushi Muhammad accused who was empty handed put Muhammad Shafi in his clasp whereafter Akram accused gave Kasi blow on the head of Muhammad Shafi who fell down. Muhammad Akram accused then gave 2/3 more Kasi blows to Muhammad Shafi deceased who died as a result of the injuries at the spot. The occurrence was witnessed by Abdul Sattar complainant, Ilam Din, Muhammad Nawaz and Jamal Din. The accused then left the spot with their respective weapons. Abdul Sattar proceeded towards the police station and met S.I. Arshad Mahmood in the wav and made statement before him on the basis of which this case was registered on the same day at 2‑45 p.m. The petitioners and their co‑accused Akram were arrested. Hence this petition.

2. I have heard the learned counsel for the petitioners and the State and have also perused the record. The prosecution case according to F.I.R. as well as according to the statement under section 161, Cr.P.C. is that Muhammad Aslam accused shouted a Lalkara. Khushi Muhammad accused held Muhammad Shafi deceased and Muhammad Akram accused caused injuries with Kasi to the deceased. Though armed with a hatchet Muhammad Aslam accused did not cause any injury to the deceased. Only a proverbial Lalkara has been attributed to him. Khushi Muhammad accused was empty‑handed. It is alleged that he held the deceased before the first blow was given by his son Muhammad Akram accused. No injury has been ascribed, to any one, to him during the occurrence in these circumstances I admit Muhammad Aslam and Khushi Muhammad accused to bail in this case on their furnishing of bail bonds in the sum of Rs. 30,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala.

S.G.D./M‑52/L Bail allowed.

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