1994 PLP 2161 (SCMR)

Criminal Petitions for Leave to Appeal Nos. 219/L and Criminal Petition No. 232/L of 1994, decided on 22nd August, 1994. (a) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302/149‑‑‑Constitution of‑Pakistan (1973), Art. 185(3)‑‑‑Bail, grant of‑‑‑Accused had allegedly caused a fire‑arm injury to the deceased‑‑‑Order of High Court refusing bail to accused was not interfered with in circumstances, and leave to appeal was refused accordingly. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302/149‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail, grant of‑‑‑One accused was alleged to have raised a "Lalkara" and the other accused had allegedly held the deceased alongwith co- accused at the time of occurrence‑‑‑Accused were not alleged to have caused any injury to any of the deceased‑‑‑Petitions for leave to appeal were converted into appeals in circumstances and the same were allowed releasing the accused or bail. Ch. Muhammad Ashraf Azeem, Advocate Supreme Court instructed b5 Muhammad Aslam, Ch., Advocate‑on‑Record for Petitioners (in both Appeals). Mian Atta‑ur‑Rehman, Advocate Supreme Court for the State (in both Appeals). Date of hearing: 22nd August, 1994. MUHAMMAD RAFIQ TARAR, J.‑‑‑Muhammad Haroon and Abdul Rehman petitioners in Criminal Petition No. 219/L/1994 seek leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 4‑6‑1994 whereby their petition for bail was dismissed. Their co‑Accused Usman petitioner seeks leave to appeal from the order dated 16‑4‑1994 whereby his bail petition was also dismissed.

2. The prosecution version was that on the night preceding 11‑10‑1992 at 10/11‑00 p.m. Muhammad Haroon petitioner armed with .12 bore gun, Abdul Rehman and Usman petitioners armed with Sotas, co‑accused Khalid armed with Khanjar, co‑accused Muhammad Yaqoob and Luqman armed with Sotas and Muhammad Yousaf empty‑handed overpowered Muhammad Aslam deceased, took him to the house of Muhammad Ismail Where Haroon petitioner fired at him and Khalid gave him Khanjar blows as a result of which he died at the spot. Muhammad Usman and Muhammad Luqman kept on raising Lalkaras. Then Usman petitioner and Muhammad Yaqoob exhorted their co‑accused to kill Mst. Razia Bibi whereupon Abdul Rehman petitioner and Muhammad Yaqoob accused tool: her into their hold and Khalid gave her Khanjar blows as a result of which she also died and then both the dead bodies were put together in a room. Motive alleged by the prosecution was that Luqman etc. had a suspicion that both the deceased were having illicit relations.

3. We have heard the learned counsel far the parties at length. Muhammad Haroon petitioner is alleged to have caused a fire‑arm injury to Muhammad Aslam deceased, therefore, we are not inclined to interfere with the order of the learned Single Judge refusing bail to him. The only allegation against Usman petitioner is that he raised Lalkaras alongwith co‑accused Luqman and Muhammad Yaqoob while Abdul Rehman petitioner is alleged to have held Mst. Razia Bibi alongwith co‑accused Muhammad Yaqoob. They are not alleged to have caused any injury to any of the deceased persons. We, therefore, convert their petitions into appeals and allowing the same direct that they shall be released on bail subject to their furnishing security in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of AC/Duty Magistrate, Chiniot. N.H.Q./M‑2134/S Order accordingly.