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Criminal Miscellaneous No. 207/B of 1987, decided on 8th February, 1987.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 307/34‑‑Bail, grant of‑ Accused having no motive against deceased or complainant nor any connection with co‑ accused‑‑Accused attributed only proverbial Lalkara‑‑Case against accused, held, was of further inquiry‑‑Bail granted in circumstances.

Kh. Altaf Ahmad for Petitioner.

Saleem Shah for the State.

Date of hearing: 8th February, 1987.

The petitioner Gladwin Gill alias Gaidi who is involved in a case under section 302/307/34, P.P.C., arising out of F.I.R. No. 229, dated 12‑ 8‑ 1986, registered at Police Station Raiwind, District Kasur, has sought to be released on bail.

2. It has been alleged that on 12‑8‑1986, at about 10‑00 a.m. the first informant Saleem Masih accompanied by his uncle Sharif were proceedings towards the village telephone booth to book a call to the father of Saleem Masih at Karachi, but when they passed in front of the door of the house of the petitioner, Ajmal alias Laidu armed with .12 bore single barrel gun, Abaid alias Pupoo armed with .32 bore revolver and Gladwin petitioner empty‑handed appeared at the scene. The petitioner raised Lalkara and exhorted his co‑accused to kill the first informant and his uncle Sharif. Consequently, Ajmal opened fire hitting Sharif in the abdomen. He fired a second shot, pellets whereof hit right wrist, front of two legs and right side of neck of Saleem Masih. Abaid fired with his revolver ineffectively. Sharif succumbed to the injuries which he received at the hand of Ajmal alias Laidu.

Regarding motive it has been alleged that two days earlier in a Punchayat, altercation took place between Ajmal and Sharif. Sharif assaulted Ajmal and caused injuries with fist blows. Resultantly, he held out a threat of dire consequences and thus the present occurrence.

There is nothing on the records to suggest any relation or connection between the petitioner and Ajmal alias Laidu.

3. It thus transpires from the above resume of facts of this case that the petitioner had no motive to murder the deceased or to attempt the murder of the first informant. The only overt act attributed to the petitioner is of raising of proverbial Lalkara. The case against him is thus of further inquiry. In this view of the matter, the petitioner is admitted to bail in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the A.C., Kasur.

S.A./G‑26/L Bail allowed.

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