ZAFAR IQBAL Versus THE STATE

ORDER

The petitioner who is required as accused person in case F.I.R. No. 51 of 1999 dated 16‑4‑1999, under section 302/ 324/148/149 P.P.C., registered with Police Station Dall Waryam, District Pakpattan, seeks bail on the ground that his name is not mentioned in the F.I.R.; that he has no motive to participate in the commission of the alleged crime; that no injury has been attributed to him; that no recovery has been effected from him; and that the case against the petitioner is open to further inquiry and at present there are no reasonable grounds to believe that the petitioner is not connected with the offence alleged against him. Bail is opposed on the ground that Zafar Iqbal was the person who was injured on 16‑4‑1999 who subsequently expired in the hospital on 17‑4‑1999. He made a statement before 'the police under section 161, Cr.P.C. on the day of occurrence, wherein the petitioner's name has been mentioned as one of the assailants. According to learned counsel for State, the statement under section 161 Cr.P.C. can be treated as dying declaration. It is, however, admitted by him that no overt act evidence was available against him.

2. Without making any comments on the merits of the case, considering that the petitioner's name is not mentioned in the F.I.R., no overt act is attributed to him, no recovery has been effected from him, the case against him is open to further inquiry. I would, therefore, admit him to bail subject to his furnishing bail bond in the sum of Rs.100,000 with one surety in the like amount to the satisfaction of the Area Magistrate/trial Court.

H.B.T./Z‑13/L

Bail granted.