1986 PLP 2668 (MLD)

‑‑‑S.497‑‑Penal Code (XLV of 1860), S.302/148/149‑‑Bail, grant of‑ Accused who was allegedly armed with a stick was not attributed any injury either to deceased or to any of witnesses‑‑Accused not even attempted to cause any injury to deceased or witnesses‑‑Only a proverbial Lalkara attributed to accused‑‑Stick allegedly carried by accused at time of occurrence not recovered‑‑Accused allowed bail in circumstances. Asif Saeed Khosa for Petitioner. Muhammad Rafi Siddiqui for the State. Date of hearing 12th August, 1986. This is a petition for bail on behalf of Muhammad Hanif Shah, who is being prosecuted alongwith Katchi. Jolley Shah, Imdad Shah and Niaz Shah for the murder of Khurshid and murderous assault on Rashid P. W.

2. In brief the prosecution case is that on 27‑6‑1986 at about 5‑30 p.m. Nazir Ahmad complainant alongwith Muhir Ahmad, Rafique, Sadiq and Rashid P.Ws. and Khurshid deceased was present in the Urs celebrations of Pir Waryam Shah in village Suhang. Muhammad Aslam, Imdad Shah and Katchi accused came there. They saw them sitting in the Urs and went back. After about half an hour lmdad Shah, Katchi armed with guns, Jolley Shah armed with rifle, Niaz Shah armed with pistol and Hanif petitioner armed with stick came there. Hanif Shah challenged. Nazir Ahmad complainant and others tried to run away. Katchi accused fired hitting Khurshid deceased on abdomen. Imdad Shah fired at Mu nir P . W. but the fire hit Rashid P . W . on abdomen. The witnesses started running. Jolley Shah and Niaz Shah fired at them but one also was injured. The accused left the spot. Khurshid died at the place of occurrence. The motive was stated to be that Nazir Ahmad etc. complainant had given beating to Katchi and Imdad Shah accused for teasing women. There was some dispute of land also between the parties.

3. I have heard the learned counsel appearing for the parties. Khurshid deceased and Rashid P.W. received one gun fire injury each. Hanif petitioner has not been attributed any injury either to the deceased or to any of the witnesses. There is no allegation that he even attempted to cause any injury with his stick to the deceased or the witnesses. Only a proverbial Lalkara has been attributed to him. The stick, carried by him, at the time of occurrence, has not been recovered. In these circumstances Muhammad Hanif Shah petitioner is admitted to bail on his furnishing of bail bonds in the sum of Rs.25,000 (Rupees twenty‑five thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Okara. H.A.K. Bail allowed.