2003 PLP 2527 (YLR)

Mian Kamran-bin-Latif for the State. Qasim Ali, the petitioner has sought for post-arrest bail in case F.I.R. 161 dated 3-4-2002 under sections 302/324/34, P.P.C. registered with Police Station, Luddan, District Vehari.

2. Briefly the prosecution case as per F.I.R. is that on 3-4-2002 at 6-45 p.m he and Shaukat Ali in furtherance of their common intention have committed the Qatl-i- Amd of Muhsan Raza deceased and attempted the Qatl-e-Amd Fateh Muhammad injured.

3. It has been contended on his behalf that he has falsely been roped in; that admittedly he was empty-handed at the time of alleged incident; that he has no motive directly to murder the deceased or to injure Fateh Muhammad that no injury was caused to Ghulam Abbas to whom they allegedly intended to injure; that he did not cause injury to any one that the question that if he can be held vicariously liable for the murder of Mohsin Raza or injuring Fateh Muhammad, is to be gone into at the trial and thus his case is covered under subsection (2) of section 497, Cr.P.C. calling for further inquiry into his guilt: and that he is behind the bars for the last about nine months and a previous non-convict.

4. Conversely the learned counsel for the State has opposed the petition on the ground that he is named in the F.I.R.; that he not only took away the motorcycle of Ghulam Abbas without his permission but also raised Lalkara that he (Ghulam Abbas) be taught a lesson for refusal to take him to his house on motorcycle; that he shared common intention with his co-accused in murdering the deceased Mohsin Raza and injuring Fateh Muhammad.

5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.

6. Admittedly, he was empty-handed at the time of alleged 'incident. The only role ascribed to him is of raising Lalkara during the commission of the same. He has been assigned no direct motive against the deceased or the injured Fateh Muhammad. The question of his sharing common intention in the murder of deceased Mohsin Raza and attempt on the life of Fateh Muhammad injured is to be gone into at the time of trial. His case, therefore, certainly calls for further inquiry into his guilt and so is covered under subsection. (2) of section 497, Cr. P.C. He is stated to be behind the bars for the last abour nine months and a previous non-convict.

7. In these circumstances, I find him entitled to bail. I therefore, accept this petition and he is admitted to bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Vehari/trial Court. N.H.Q./Q-29/L Bail granted.