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Petitioner: TARIQ MASIH VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 944
[Lahore]
Before Rashid Aziz Khan, J
TARIQ MASIH---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.3489/B of 1993, decided on 5th October, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), S.302/324/34---Bail, grant of-- Accused was neither armed nor the injuries caused by his co-accused had produced immediate results---Cause of death in the post-mortem examination report had not been given---Case against accused, therefore, needed further inquiry---Accused was admitted to bail in circumstances.
Ch. Hanif Ahmad Dogar for Petitioner.
Rana Nasim Sabir for the State.
Ch. Saeed Ahmad for the Complainant.
Date of hearing: 5th October, 1993.
ORDER
Earlier, the petitioner was allowed bail by this Court on 27-4-1992 in the same case for an offence under section 324/34/302, Qisas and Diyat Ordinance. In this case the occurrence took place on 2-9-1991. The allegation against the petitioner was that he was present at the spot empty-handed, and raised a Lalkara, whereupon his co-accused armed with a pistol fired causing injuries to Muhammad Iqbal. Said Muhammad Iqbal because of the fire-arm injuries died on 6-4-1993, i.e. after about 20 months.
2. Learned counsel for the petitioner contends that the petitioner is not connected with the occurrence. The only role ascribed to him was that of proverbial Lalkara when he was not armed. Learned counsel for the complainant has vehemently argued by submitting that the petitioner knew that his co-accused was armed with pistol, that is why he raised the Lalkara, which was effective to the extent that co-accused fired causing serious injuries which resulted in his death.
3. After hearing both the sides at length. I feel it is a case of further inquiry because the petitioner was neither armed nor the injuries caused by his co-accused produced immediate results. Cause of death in the post-mortem examination report has not been given. In these circumstances, the petitioner is A allowed bail provided he furnishes security in the suni of Rs.50,000 (Rupees fifty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Faisalabad.
N.H.Q./T-64/L Bail allowed.