Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: HAJI MUHAMMAD BASHIR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1940
[Lahore ]
Before Khizar Hayat J
Haji MUHAMMAD BASHIR‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 648/B of 1988, decided on 15th March, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.302, 307, 148 & 149‑‑Bail, grant of‑‑Accused did not cause any injury but raised only a Lalkara which exhorted principal accused to fire and kill deceased‑‑Accused was declared innocent during investigation which fact was not controverted by other side‑‑Bail granted.
Kh. Sultan Ahmad for Petitioner.
Rao Muhammad Khalil for the State.
S.M. Nazim for the Complainant.
Date of hearing: 27th February, 1988.
JUDGMENT
Haji Muhammad Bashir, petitioner herein stands arrested in a case registered under sections 302, 307, 148 and 149, P.P.C. vide F . I . R . No. 492 , dated 3‑12‑1987 at Police Station Oggoki, District Sialkot. The petitioner's bail plea was declined by the lower Court, hence this petition.
2. According to the prosecution, the petitioner alongwith six others duly armed with fire‑arms had attacked and killed Muhammad Amin on 3‑12‑1988. The shot which hit the deceased was fired through .12 bore gun by Zahoor Elahi co‑accused of the petitioner. The role attributed to the petitioner is that he had raised a Lalkara exhorting Zahoor Elahi, the principal accused to fire and kill the deceased. During the investigation the petitioner and his companion Sultan Ahmad and Muhammad Hanif have been declared as innocent by D.S.P. Ghulam Muhammad Kalyar vide his Zimni, dated 12‑1‑1988. These facts have not been controverted by the other side.
3. In view of the fact that the petitioner did not cause any injury to the deceased, I am inclined to allow this petition. The petitioner shall be released on bail on his furnishing bail bond in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sialkot.
M.Y.H./M‑792/L Bail granted.