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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AHMAD YAR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1066
[Lahore]
Before Qurban Sadiq Ikram, J
AHMAD YAR--Petitioner
Versus
THE STATE--Respondent
Criminal Miscellaneous No. 3998/B of 1987, decided on 23rd November, 1987.
Criminal Procedure Code (V of 1898)--
--S. 497--Penal Code (XLV of 1860), S. 302/34--Bail, grant of- Accused empty-handed--No injury to deceased or any witness attributed to accused--Accused allegedly caught hold of deceased while being fired at--Accused found innocent and placed in column No. 2--Bail granted in circumstances.
Abdul Majid for Petitioner.
M. Salim Shad for State.
ORDER
In brief the prosecution case is that on 25-5-1987 at about 12 noon Abdul Sattar complainant alongwith Muhammad Siddique, Muhammad Idrees and Muhammad Ashraf were proceeding to Jughian Marwik. They passed from near the shop of Ahmad Yar accused-petitioner where Tufail and Shakoor armed with guns, Mushtaq Hassan and Ahmad Yar empty handed were sitting. They raised lalkara. Ahmad Yar, Hassan and Mushtaq caught Muhammad Siddique whereafter Shakoor and Tufail fired one shot each, hitting Muhammad Siddique who fell down dead. In the meanwhile, Sarfraz and Murtaza both empty handed came out from the eastern street. They caught Eid Muhammad whereafter Atta Muhammad and Khuda Yar accused fired hitting Eid Muhammad who fell down dead. Abdul Sattar and Ashraf were given stick blows by lqbal and Yasin accused who were also present nearby. The motive was stated to be previous criminal litigation between the parties.
2. This is a petition for bail on behalf of Ahmad Yar son of Noor Muhammad accused only. I have heard the learned counsel appearing on behalf of the parties. Ahmad Yar was empty handed at the time of occurrence. He did not cause any injury to the deceased or any witness. The only role ascribed to him is that he caught hold of Muhammad Siddique deceased who was later fired at by the other two accused, Ahmad Yar was found innocent during investigation and placed in Column No. 2. 1, therefore, find his case to be that of further enquiry. Ahmad Yar is admitted to bail on his furnishing bail bonds in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Okara.
S.A./A-268/L Bail granted.