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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ALLAH BAKHSH VS Respondent: STATE
1989 M L D 60
1989 M L D 60
[Lahore]
Before Fazal Karim, J
ALLAH BAKHSH‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.1101‑B of 1987, decided on 14th December, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss. 302 & 307‑‑Bail, grant of Accused neither named in F.I.R. nor ascribed any role in causing injuries to deceased or to any witness‑‑Accused lying in hospital after operation‑‑Co‑accused attributed similar role, already released on bail‑‑Bail allowed in circumstances.
Malik Ghulam Farid for Petitioner.
Rizwan Wasti for the State.
ORDER
The petitioner alongwith twenty other persons is accused of offences under sections '302, 307 etc. of the P.P.C. His name was not mentioned in the F.I.R. The prosecution case is that the accused persons had abducted Mst. Amiran and her mother and in the process had killed Zahoor Ahmad and injured five persons. The petitioner played no role in causing the death of Zahoor Ahmad A and in causing injuries to the inured persons. His name, it is said, occurred in the statement of Mst. Amiran, which was recorded on 27‑8‑1987 under section 164 Cr.P.C. Learned counsel for the petitioner, however, maintains that the petitioner's name is Allah Bakhsh son of Sultan Mahmood which fact received support from the petitioner's Identity Card. The person challaned is Allah Bakhsh son of Noor Muhammad. It is then stated that the petitioner is lying in the hospital. He has been operated upon. The petitioner's co‑accused, who had I allegedly played a similar role in the course of the incident, it is stated, have since been released on bail. 1, therefore, allow the petitioner to be released on bail on his furnishing bond in the sum of Rs. 20,000 (Rupees twenty thousand) with two sureties is the like amount to the satisfaction of the Illaqa Magistrate, Lodhran.
S.A./A‑498/L Bail allowed.