2007 YLR 2798 (PLP)

KHAWAJA MUHAMMAD SHARIF, J.

Learned counsel for the petitioners, in support of this bail petition, contends that the petitioners are innocent and have falsely been involved in this case; that petitioner Abdul Ghafoor is about 74 years of age while petitioner Muhammad Ajmal is of about 14 years age; that no injury is attributed to them; that no recovery was effected from them; that according to the police investigation, although they were found to be present at the spot but no overt act has been attributed to them; that the case of the petitioners is one of further inquiry falling under subsection (2) to section 497, Cr.P.C. and that the petitioners are entitled to the concession of bail by this Court.

2. On the other hand learned counsel for the complainant assisted by Mr. Naseeruddin Khan Nayyar, the learned Additional Prosecutor General, while appearing on behalf of the State, submits that both the petitioners are named; 'that two sons of petitioner Abdul Ghafoor, namely, Shaukat and Liaqat are involved, who, on his commanding Lakara has done Tasneem deceased to death and caused injuries to Yasmin who has become disable; that petitioner Ajmal was also present at the spot; that the petitioners along with their co-accused, in furtherance of their common object, has committed the offence and that the petitioners are not entitled to the discretionary relief of bail from this Court.

3. I have heard learned counsel for the parties, have given consideration to the submissions made at the bar and have also gone through the record.

4. In the instant case there is one deceased, named, Tasneem while one injured, namely, Yasim. According to the photostat copy of identity Card of Abdul Ghafoor his date of birth is of 1933. He is the father of co-accused Shaukat and Liaqat. No injury is attributed to him, no recovery was effected from him and although, according to the police investigation, he was present at the spot but no overt act is attributed to him, both the parties are closely related to each other, so, case of Abdul Ghafoor is one of further inquiry falling in subsection (2) to section 497, Cr.P:C. So far as case of Ajmal petitioner is concerned, according to the school leaving certificate produced before this Court, his date of birth is of 1993, no overt act is attributed to him, no recovery has been effected from him, he is son of Liaqat co-accused and grand-son of petitioner Abdul Ghafoor, so, his case is also one of further inquiry. In the afore-referred circumstances, this petition is allowed and the petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of the. Deputy Registrar (Judicial) of this Court. H.B.T./A-91/L???????????????????????????????????????????????????????????????????????????????????? Bail granted.