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Petitioner: MUHAMMAD ASLAM VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1881
[Lahore]
Before Raja Afrasiab Khan, J
MUHAMMAD ASLAM---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No.980/B of 1994, decided on 11th April, 1994.
(a) Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.302/337-F/148/149---Bail, grant of~, Accused was not found to have directly participated in the occurrence of murder, but he connived at with his co-accused in doing away with the deceased and participated in the occurrence pertaining to injuries to prosecution witnesses ---Co-accused with similar allegations as attributed to accused was on bail---Accused was admitted to bail in circumstances.
(b) Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860); S.302/337-F/148/149---Bail, grant of-- Accused was found to have caused a stick irijury to the deceased and such allegation had also been levelled against him in the F.I.R.---Bail was refused to accused in circumstances.
Raza Mohsin Qazilbash for Petitioner.
Wahid Anwar for the State.
Date of hearing: 11th April, 1994.
ORDER
This order will dispose of Criminal Miscellaneous No.980/B of 1994 moved by Muhammad Aslam and Criminal Miscellaneous No.993/B of 1994 moved by Amjad Ali, in case F.I.R. No.209/92, dated 13-9-1992, Police Station Batapur, Lahore under section 302/337-F/148/149, P.P.C.
2. The petitioners alongwith ten others are charged with the murder of Muhammad Yaqub (deceased) and for murderously assaulting Abdul Ghafoor and Muhammad Rafiq P.Ws. with hatchets and stick. The occurrence was sequel to a quarrel taking place a day before the occurrence between the son of Abdul Ghafoor complainant on one side and the son of Ghulam Ali co-accused of the petitioners on the other side.
3. As per F.I.R. Muhammad Sale and Amjad Ali petitioners are alleged to have caused hatchet and stick injuries respectively to Muhammad Yaqub (deceased). Muhammad Sale petitioner is also alleged to have injured Abdul Ghafoor complainant.
4. Bail is urged on the ground that in the investigation it was found that there were two separate incidents, one pertaining to the murder of Muhammad Yaqub (deceased) and the other about causing injuries to the P.Ws. Muhammad Sale petitioner was not found to have directly participated in the occurrence pertaining- to the murder of Muhammad Yaqub but connived at A with his co-accused in doing away with the deceased. However, he participated in the occurrence pertaining to injuries to the P.Ws.
5. Although Muhammad Sale petitioner was not found to have participated in the occurrence of murder but this is not so in the case of Amjad E3 Ali petitioner who was found to have caused a stick injury to the deceased. In the F.I.R. also this allegation is levelled against him
6. Altaf co-accused with allegations similar to the one against Muhammad Sale petitioner, is stated to be on bail. In this view of the matter the application of Muhammad Sale C petitioner is granted and he is admitted to bail in the sum of Rs.50,000 (Rs. fifty thousand) with two sureties, each in the like amount, to the satisfaction of the Assistant Commissioner, Cantt. Lahore.
However, the application of Amjad Ali petitioner is dismissed.
N.H.Q./M-1660/L Order accordingly.