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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ABDUL GHAFFAR VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 907
[Lahore]
Before Munir A. Shaikh, J
ABDUL GHAFFAR and 2 others---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.905/B of 1993, decided on 18th July, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Bail, grant of---Accused had not inflicted any injury on the person of the deceased---Motive had been attributed to the main co-accused---No sufficient evidence was available for believing that the accused had shared the common intention with the co -accused to cause the death of the deceased and their case, therefore, needed further inquiry---Accused were allowed bail accordingly.
Altaf Ibrahim Oureshi for Petitioners.
Arshad Naeem for the State.
ORDER
The petitioners seek bail in a case registered through F.I.R. No.277/92 dated 14-10-1992, under section 302/34, P.P.C. (Qisas and Diyat Ordinance) at Police Station Gaggo, District Vehari, for the murder of Sardar Muhammad son of the complainant Muhammad Abdullah. The motive as stated in the F.I.R. was that 2/3 days before the day of occurrence, Sardar Muhammad deceased asked Nazir Ahmad co-accused not to stand in front of their house. He took it ill. He armed with a Chhuri came and inflicted injuries on Sardar Muhammad who died. The allegations against the present petitioners are that petitioner No.1 with a Sota inflicted injuries on Ghulam Rasool P.W. at his back and thumb whereas petitioner No.2 Shamshad Ali with his Sota caused injury to Ghulam Rasool on his lips and Mushtaq alias Munshi petitioner No.3 inflicted injuries with his Sota on Shaukat Ali P.W. at his chest and buttock.
2. None of the present petitioners admittedly inflicted any injury on the .person of the deceased. The motive has been attributed to Nazir Ahmad therefore, at this stage it cannot be held that there is sufficient evidence for believing that the present petitioners shared common intention with Nazir A Ahmad the main accused, to cause the death of Sardar Muhammad therefore, it is a case of further inquiry. The petitioners are hereby allowed bail in the sum of Rs.30,000 (Rupees thirty thousand only) each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Burewala.
N.H.Q./A-536/L Bail allowed.