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Initializing Secure Chambers
Petitioner: MUHAMMAD VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Raja Afrasiab Khan, Muhammad Munir Khan Title: MUHAMMAD vs THE STATE Case No.: Criminal Petition for Leave to Appeal No, 273-L of 1995 Date of Judgment:1995-09-10 Reported As: 1998 SCMR 454 Result: Leave granted
JUDGMENT
JUDGMENT ' RAJA AFRASIAB KHAN, J.---On 8th of September, 1994 at 6-00 p.m., a case under section 302/148/149 P.P.C. Was registered on the statement of Ahmad Khan against Muhammad, Muhammad Sher, Muhammad Ramzan, Hayat Muhammad, Sher Bahadur, Ahmed Nawaz, Munir and Atta Muhammad with Police Station Bachhran, District Mianwali. The accused while armed with .12 bore guns attacked and killed Muhammad Sultan at the spot. Learned counsel submits that the petitioner Muhammad was not given any effective role in the commission of crime. He was, therefore, entitled to the grant of bail. Bail application was opposed by the learned State Counsel. After hearing the learned counsel for the parties and reading the record with care, we are of the opinion that a case for interference has been made out because no injury was attributed to the petitioner during the occurrence. It is alleged that he ineffectively fired. This was a case of further inquiry. The petitioner, is accordingly, admitted to bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Mianwali by converting his petition into appeal. The petition, thus, succeeds and is allowed.