HAQ NAWAZ Versus THE STATE

ORDER

This is an application for grant of bail to Haq Nawaz petitioner in case under section 302/34, P.P.C. registered at P.S. Harapa vide F.I.R. No. 54/87 dated 12-2-1987.

2. The prosecution case is that the petitioner and Rab Nawaz co-accused caused the death of Mst. Rajan Bibi on 12-2-1987 in the area of Mauza Thhata of Police Station, Harappa. As for the petitioner, it has alleged that before the occurrence, he was seen standing with his co-accused Rab Nawaz who was armed with a pistol and that he raised lalkara whereupon his co-accused Rab Nawaz fired shot from his pistol hitting Mst. Rajan Bibi resulting in her death.

3. The learned counsel for the petitioner submitted that the petitioner was empty handed; that he did not cause any injury to the deceased and that only proverbial lalkara has been attributed to him. Tire learned A.A.G. assisted by the learned counsel for the complainant has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I have not been able to persuade myself to agree with the learned counsel for the petitioner. I find that in the F.I.R. which has been lodged by Pehiwan, the husband of the sister of the petitioner a motive to kill Mst. Rajan Bibi has been attributed to the petitioner as well as his co-accused Rab Nawaz; that Mst. Rajan Bibi deceased was waylaid by the petitioner and his co-accused; that Rab Nawaz co-accused was holding pistol in his hands at that A time; that the petitioner fully knew that his co-accused Rab Nawaz was carrying Pistol and that it was after the lalkara raised by the petitioner that Rab Nawaz co-accused fired shot at Mst. Rajan Bibi and thereby caused her death. There can be no two opinions than each case has to be decided on its own facts. In the instant case, II feel that prima facie there are reasonable grounds to believe that the petitioner is constructively liable for the murder of Mst. Rajan Bibi. The alleged offence falls within the prohibitory clause of section 497,1 Cr.P.C. For what has been said above, there being no merit, the petition is dismissed.

S.G.D./38/H.L Bail refused.