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Initializing Secure Chambers
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Initializing Secure Chambers
1997 M L D 3191
1997 M L D 3191
[Lahore]
Before Sh. Riaz Ahmad, J
GHULAM alias GOMI‑‑‑Petitioner
versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No. 1920‑B of 1996, decided on 15th December, 1996.
Criminal Procedure Code (V of 1898)---
‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.302/109/34‑‑‑Bail, grant of‑‑ Investigating Officer having not so far collected any evidence of alleged abetment against accused, case was of further enquiry falling within the purview of S.497(2), Cr.P.C.‑‑‑Accused was entitled to grant of bail, in circumstances.
Altaf Ibrahim Qureshi for Petitioner.
Gul Muhammad for the State.
ORDER
Petitioner is accused of the commission of offence under section 302/109/34, P.P.C., petitioner happens to be the father of the accused, namely, Safdar alias Shafa, who is alleged to have fired at, the deceased. According to FIR it is stated therein that a day before the occurrence, dispute had taken place, and the petitioner had asked hi son Safdar to kill the deceased namely Ijaz.
2. I have gone through the contents of the F.I.R., and have heard the learned counsel appearing on behalf of the petitioner and the State. It is unintelligible as to how the complainant was present when petitioner asked his son to kill Ijaz deceased. Furthermore, the Investigating Officer has not so far collected any evidence as to the abetment. In this view of the matter, it becomes case of further enquiry falling within the purview of section 497 (2), Cr.P.C. Accordingly, I direct that petitioner Ghulam alias Gomi shall be released on bail subject to his furnishing bail bonds in the sum of Rs, one hundred thousand (Rs. 1,00,000) with one surety in the like amount to the satisfaction of Judicial Magistrate, Burewala.
H.B.T./G‑45/L Bail granted.