1992 P Cr (PLP)

.

S. 497

Penal Code (XLV of 1860), S.302

Bail, grant of

Only role ascribed to accused was that while driving vehicle, he asked co-accused to push deceased

Nothing was in F.I.R. to indicate whether accused asked co-accused to push deceased out of vehicle or just to push him aside

No motive or illwill was ascribed to accused

Involvement of accused in offence, prima facie, being doubtful, he was granted bail. NA. Butt for Petitioner. C.M. Latif for the State. Muhammad Shabbir petitioner seeks bail in a case registered with Police Station Shahdara Town, Lahore, for an offence under section 337-D, Qisas and Diyat Ordinance read with section 302/34, P.P.C. vide F.I.R. dated 26-11-1990. The case was got registered by Sufi Saeed Ahmad with the allegation that his son Munawar Hussain was working as a cleaner on a wagon whose driver was Muhammad Shabbir alias Guddu, the petitioner. Another cleaner Iftikhar Ahmad used to work on the same wagon. First informant's son Munawar, and Iftikhar Ahmad exchanged hot words in the wagon, whereupon the petitioner is alleged to have called Iftikhar to push Munawar, whereupon Iftikhar pushed Munawar from the moving wagon, with the result of which said Munawar fell down and became unconscious and subsequently expired.

2. It was contended by learned counsel for the petitioner that the petitioner is innocent and is not involved in the offence at all. Submitted that the petitioner did not have any altercation with the deceased nor had any motive to take part in the incident which took place between the two cleaners. Argued that in any case the offence under section 302, P.P.C. is not made out against the petitioner. The petition has been opposed by learned counsel for the State.

3. I have heard the learned counsel and gone through the F.I.R. The only role ascribed to the petitioner is that while driving the wagon, he asked his co accused Iftikhar to push Munawar. There is nothing in the F.I.R. to indicate whether he asked him to push the deceased out of the wagon or just to push him aside. Even otherwise, even if the allegation against him is accepted, it would not be a case under section 302, P.P.C. Prima facie, there is neither any motive nor illwill ascribed to the petitioner. The involvement of the petitioner, prima facie, in the offence under section 302, P.P.C. seems to be doubtful. Therefore, he is allowed bail provided the petitioner furnishes security in the sum of Rs.30,000, with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned. H.B.T./M-39/L Bail granted.