1996 P Cr (PLP)

S. 497(2)

Penal Code (XLV of 1860), S.302/34

Bail, grant of

Accused had not caused any injury to the deceased and was attributed only a Lalkara at the time of occurrence

Question of accused's participation in the occurrence and having shared common intention with co-accused was to be determined at the trial

During investigation accused had been found innocent

Case against accused in circumstances needed further inquiry and he was admitted to bail accordingly. Sahibzada Farooq Ali Khan for Petitioner. Sheikh Gul Muhammad for the State. Through this application, relief has been prayed for in case F.I.R. No.276/94, dated 19-6-1994 registered at Police Station City, Layyah under section 302/34 P.P.C. It is alleged in the F.I.R. that the petitioner and his co accused Mehboob Elahi had caused the death of Abaidullah with their common intention and the motive alleged was an old dispute regarding land and the irrigation water with Mehboob Elahi co-accused etc.

2. The learned counsel for the petitioner has submitted that the petitioner has no close community of interest with his co-accused and that the petitioner was involved in the case out of enmity with the P.Ws. and also that the petitioner was not alleged to have given any blow on the person of deceased, though allegedly present at the time of occurrence. The petition was opposed by the learned counsel appearing on behalf of the State on the ground that the offence alleged against the petitioner fell within the mischief of prohibitory clause of section 497, Cr.P.C. and his case was not covered by any proviso of the said clause, and that offence being punishable with death, the petitioner was not entitled to the concession of bail.

3. The petitioner was attributed only the Lalkara but no injury was admittedly caused on the person of the deceased. The question of presence, the participation and of having shared common intention with. co-accused was to be determined at the time of trial. The Investigation Officer, present with case file has also admitted that during the investigation of the case the petitioner was found innocent and his finding was verified and approved by the D.S.P., who was a gazetted Officer.

4. Without prejudice the merits of the case and without expressing the opinion on the merits, I am of the view that there is no reasonable ground for believing that the petitioner had committed the offence alleged against him but that there are sufficient ground for a further enquiry. The petition as such is accepted. The petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Layyah. N.H.Q./M-2012/L Bail granted.