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Criminal Miscellaneous No. 3389/B of 1986, decided on 24th January, 1987.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 307/34‑‑Bail, grant of Accused attributed fire‑arm injury to complainant‑‑No injury caused by him to deceased‑‑No recovery of any weapon effected from accused‑ Bail granted in circumstances.

M.D. Tahir for Petitioner.

Najam‑uz‑Zaman, A.A.‑G. and Syed Muhammad Jalal‑ud‑Din Khuld for the State.

Date of hearing: 24th January, 1987.

Muhammad Ibrahim petitioner has moved this petition for bail in a case registered against him and his sons Sadiq, Liaqat and Akram alias Asghar, Ashraf son of Muhammad Bashir and Abdul Ghani son of Abdullah.

2. In the occurrence which took place on 21‑6‑1986 at 8‑30 p.m. Sharif, Mst. Kubra, Ghulam Qadir and Qudrat Ullah suffered fire‑arm injuries at the hands of the accused persons. Sharif died at the spot arid Mst. Kubra expired in the hospital on 30‑6‑1986. The part attributed to the petitioner was that he fired at Qudrat Ullah complainant hitting his left leg.

3. Learned counsel for the petitioner contends that Ibrahim petitioner and all the adult male members of his family have been involved in this case; there was no recovery from the petitioner who is a fairly aged person and he is not alleged to have caused any injury to the deceased. He submits that the injury on the person of Qudrat Ullah was so minor that after receiving it he proceeded to police station and lodged report after covering a distance of seven miles.

Learned State counsel has opposed the prayer for bail. He submits that a specific role has been attributed to the petitioner, therefore, no ground for bail is made out.

4. I have gone through the relevant material and considered the submissions made by the learned counsel for the parties. The petitioner and his three sons, namely, Sadiq, Liaqat and Akram alias Asghar, are accused in this case. The learned counsel has shown me the electoral roll pertaining to Chak No. 44/2‑L (village of the petitioner), according to which his age on 1st January, 1979 was sixty years. The petitioner is not alleged to have caused any injury to the deceased and there is no recovery of any weapon from him. In the circumstances, I admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate.

S.A./M‑97/L Bail granted.

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