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Petitioner: BASHIR AHMAD VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1445
[Lahore]
Before Muhammad Amir Malik J
BASHIR AHMAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.236/B of 1994, decided on 6th February, 1994
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Bail, grant of---Accused had no motive against the deceased and no injury was attributed to them-- Whole family including the lady of the house had been involved in the case and one accused had been found innocent by Police---No crime empties were recovered from the spot---Case of accused called for further inquiry---Accused were allowed bail in circumstances.
Ehtesham Qadir Shah for Petitioner.
Masood Sadiq Mirza for the State.
Date of hearing: 6th February, 1994.
ORDER
The occurrence took place at Peshiwela and matter was reported to the police at 2-45 p.m. by Munawar Hussain complainant on 24-2-1993. Over a dispute between Nawaz deceased and Oadeer co-accused a few days before the occurrence allegedly Qadeer with .7 mm rifle, his father Nazir Ahmad petitioner and mother Mst. Safia co-accused and his uncle Bashir Ahmad armed with rifles and guns on the Lalkara of Mst. Safia fired at the complainant party. The shots fired by Bashir Ahmad and Nazir Ahmad petitioners did not hit anybody and the one fired by Qadeer hit the deceased in the chest.
2. Contentions raised are that the motive was only between Nawaz deceased and Qadeer co-accused, that too, of a minor nature, no injury had been attributed to the petitioners, the whole family had been involved including the lady of the house and Bashir had been found innocent by the police. It is also stated that no crime empties were recovered from the spot. In the circumstances, there is force in the contentions and the case of the petitioners calls for further inquiry. Allowed bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.
N.H.Q./B-114/L Bail allowed,