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Petitioner: MUHAMMAD IQBAL VS Respondent: THE STATE
1992 M L D 1850
1992 M L D 1850
[Lahore]
Before Khizar Hayat, J
MUHAMMAD IQBAL and another‑‑‑Petitioners
versus
THE STATE‑‑‑Respondent
Crl. Misc. 339‑B of 1992, decided on 31st March, 1992.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.302/307/325/148/149‑‑‑Bail, grant of‑‑‑Injury attributed to accused was an abrasion and the question whether the ‑same was the result of a Dang blow or a fall needed further inquiry‑‑‑Accused was admitted to bail in circumstances.
Altaf Ibrahim Qureshi for Petitioners.
Ghulam Mustafa Qureshi for the State.
ORDER
This petition for grant of bail has been moved on behalf of Muhammad Iqbal and Muhammad Amin, petitioners, who stand arrested in case F.I.R. No.156, registered under sections 302, 307, 325 and 148 read with section 149, P.P.C., at Police Station Sahuka, District Vehari.
2. Seven accused including the two petitioners were named in the F.I.R. alleging that they had killed Sabir by giving him injuries with Sotas. Five out of seven accused have been found to be innocent by the police whereas the two petitioners have been found to be guilty. Their bail plea was declined by the lower Court, hence this petition.
3. At the outset learned counsel states that he does not press this petition qua Muhammad Amin. This petition qua him is therefore dismissed.
4. As for Muhammad Iqbal, petitioner, it is submitted that according to the F.I.R. he had caused injury on the left Pindli (shin) but no such injury has been noted in the post‑mortem report by the doctor and as such the participation of the petitioner is doubtful. Learned counsel for the State has not been able to successfully controvert this assertion.
5. I have myself perused the post‑mortem report. Injury No.10 somewhat is similar to the one attributed to Muhammad Iqbal, petitioner, but since it is an abrasion, therefore, the question whether it is the result of Dang blow or a fall would need further inquiry. In the circumstances, I allow this petition and direct that Muhammad Iqbal, petitioner, be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the A.C/District Magistrate Burewala.
N.H.Q./M‑305/L Bail allowed.