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Petitioner: ZAMAN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1320
[Lahore]
Before Muhammad Munir Khan, J
ZAMAN‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 3683/B of 1987, decided on 24th November, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.302 & 307/34‑‑Bail, grant of‑‑Accused though armed with gun yet causing no injury to deceased or witnesses‑‑Firing in air attributed to accused‑‑ Co‑accused having identical case already granted bail‑‑Bail allowed to accused in circumstances.
M. Aslam Awan for Petitioner.
ORDER
This is an application for grant of bail to Zaman petitioner in a case under section 302/307/34, P.P.C. registered at P.S. Farooqabad, vide F.I.R. No.25 of 1987, dated 2‑2‑1987.
2. The prosecution case is that the petitioner and two others in furtherance of their common intention launched murderous assault on Noor Muhammad and thereby caused his death.
3. As for the petitioner it has been alleged that he was armed with gun and fired shots in the air.
4. Learned counsel for the petitioner submits that the co‑accused namely Muhammad Ashraf who had also fired in the air has already been allowed bail by this Court. Learned counsel for the State has, however, opposed this application.
5. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner although armed with gun yet did not cause any injury to the deceased or the P.Ws. that the allegations against him are that he fired shots in the air and that the co‑accused Muhammad Ashraf whose case is identical with that of the petitioner has already been allowed bail by this Court.
For what has been said above, the petitioner is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.
S.A./Z‑51/L Bail granted.