1986 P Cr (PLP)

Syed Ashiq Hussain Rizvi and Barkat Ali Saleemi for Petitioner. Soheil Akhtar for the State. Date of hearing: 4th February, 1986. This is a petition under section 498, Cr.P.C. by Muhammad Amin, petitioner, for bail in respect of a case instituted against him and five others under section 302/148/149, P.P.C. at Police Station Chung on 4‑2‑1985.

2. The prosecution case in brief is that on 4‑2‑1985 at about 10‑00 a.m. Muhammad Yousaf complainant was preparing to take Asghar, deceased, who was sick, in a wagon to Lahore for medical treatment. His other relatives i.e. Younis, deceased, Liaqat, Mst. Zainab Bibi. Mst. Rasoolan Bibi, Mst. Rani and Khalil Ahmad were also present near the wagon. All of them were waiting for the driver of the wagon to turn up. In the meantime Muhammad Amin, petitioner with his sons Mashooq and Ayub, co‑accused, and his grand‑children Munir and Sarfraz, co‑accused and one Arif. co‑accused, turned up. Sarfraz. Ayub and Arif, co‑accused, were armed with guns, Munir co‑accused was armed with a rifle, and Mashooq. co‑accused, was armed with a carbine Muhammad Amin. petitioner, exhorted his companions to take revenge from Younis for the murder of his son Nazir. Accordingly. Sarfraz, co‑accused, fired at Younis deceased, with his gun, hitting him on the front of the chest towards the left side. Ayub, co‑accused, fired at Younis, deceased hitting him on his right hand Younis. deceased fell down. Munir, co‑accused, turning in the direction of the wagon, aimed his rifle at Asgher, deceased. and fired hitting him on his left cheek. Mashooq, co‑accused, fired at Asghar with his carbine hitting him on his left chest Asghar deceased died there and then. Arif, co‑accused kept on firing to the air and Exhorting others not to intervene. The motive for the murder was that in 1965, Nazir son of Muhammad Amin, petitioner, had been murdered, in respect of which Younis deceased was challaned and finally acquitted.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. It is admitted that Muhammad Amin petitioner, is an old man aged 75/76. The medico- legal report shows that he was operated upon for removal of cataract A from both his eyes. It shows that in February 1985, he had cataract in both the eyes. He is not attributed to have inflicted any injury on an of the deceased. Taking all circumstances into consideration, the question whether Muhammad Amin, petitioner, did participate, as alleged, and, if so, did utter the Lalkara, call for further inquiry. For the foregoing reasons, this petition is accepted and Muhammad Amin alias Mina, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner (City), Lahore. S.A. Petition accepted.