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Petitioner: SHAH MUHAMMAD AND 2 OTHERS VS Respondent: THE STATE
1988 P C r
1988 P C r. L J 1600
[Lahore]
Before Khizar Hayat, J
SHAH MUHAMMAD and 2 others‑‑Petitioners
versus
THE STATE‑‑Respondent
'Criminal Miscellaneous No. 737/8 of 1988, decided on 22nd March, 1988.
(a) Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.302, 148 & 149‑‑Bail, grant of‑‑Accused empty handed at time of occurrence and had not caused any injury to deceased or prosecution witnesses‑‑Accused admitted to bail.
(b) Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860). Ss.302, 148 & 149‑‑Bail‑‑Accused attributed shot fired at deceased‑ ‑Bail refused.
Mian Zaffar Ahmad for Petitioners.
Walayat Umar for the State.
ORDER
Mst. Sarrya Begum reported at P. S. Sadar Sheikhupura that on 9‑6‑1987 at morning time her husband Idrees had been done to death by Muhammad Shafi, Ghulam Nabi and Muhammad Yaqub by firing at him while Ghulam Nabi and Shah Muhammad. petitioners, herein, were present there empty handed. It is stated that during the investigation on the complaint made by one Muhammad Hussain another set of accused namely Abdul Hameed, Siddique and Shafi have been challaned for murdering the aforesaid Idrees.
2. It is contended that accepting the prosecution version as true on the face of it there is nothing on the record to show that Ghulam Nabi and Shah Muhammad petitioners played an active role in murdering Idrees. The contention of the learned counsel is not without force. Admittedly they were empty handed at the time of occurrence and caused no injury to the deceased or the P.Ws. Consequently, I allow this petition and direct that the petitioners be released on bail subject to their furnishing bail bonds in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of learned trial Court.
3. As far Muhammad Arshad is concerned, he is not named in the F.I.R. but it is submitted that he has been misnamed as 'Muhammad Ashraf in the F.I.R. He has been attributed shot fired at the deceased. He, therefore, has no case for bail. This petition tea his extent is dismissed.
M.Y.H./S‑219/L Bail granted.