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Petitioner: MUHAMMAD ALI VS Respondent: STATE
1989 M L D 4015
1989 M L D 4015
[Lahore]
Before Sardar Muhammad Dogar, J
MUHAMMAD ALI‑‑Petitioner
Versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 953/B of 1989, decided on 11th April, 1989.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302/34‑‑Bail, grant of‑‑Accused empty -handed and in jail for about eleven months‑‑Whether accused facilitated murder to be seen at trial‑‑Bail allowed in circumstances.
Ch. Manzoor Hussain for Petitioner.
Mirza Masud Sadiq for the State.
ORDER
Petitioner seeks bail in the case registered against him and another under section 302/34, P.P.C. at Police Station Naddoke, District Sialkot vide F.I.R. No. 35, dated 19‑5‑1988.
2. According to F.I.R. the petitioner while empty‑handed, after raising a Lalkara had felled Ghulam Muhammad (deceased) from the bicycle and taken him into clasp, whereafter his co‑accused Mehnga had fired twice at Ghulam Muhammad, which resulted in his death. Motive for the occurrence, given in the F.I.R. is that the deceased had married Mst. Fatima a divorced sister of Mehnga co‑accused, against the wishes of Mehnga and the petitioner.
3. The petitioner is in jail for the last about eleven months. He was not armed with anything. It will have to be seen at the trial whether the act done by him had facilitated the murder or not?
In the circumstances, a case for bail appears to have been made out. This petition is, therefore, allowed, and the petitioner is directed to be released on bail, provided he furnishes bail bond in the sum of Rs. twenty thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Narowal.
S.A./M‑1453/L
Bail allowed.