M. SIDDIQUE Versus THE STATE
ORDER
1. A case under section 302/148/149, P.P.C. stands registered against the petitioner, and some others with Police Station Syedwala, District Sheikhupura, vide F.I.R. dated 15‑8‑1987. The allegations as contained in the F.I.R. are that one Nazar Muhammad, son of the first informant had abducted one Mst. Shahnaz regarding which a case for the abduction of said lady was registered against the first informant and his son. Later on, about 4/5 months before the present occurrence, they were released on bail in the said case. The petitioners' side was aggrieved because of the grant of bail, therefore, on 15‑8‑1987, when the first informant alongwith his son Nazar Muhammad came out of their house, the petitioner alongwith his co‑accused came while being armed with various weapons. The petitioner is alleged to have raised Lalkara whereupon his son fired at Nazar Muhammad who fell down after receipt of the injuries at the spot.
2. It is contended by learned counsel for the petitioner that the petitioner is not related to Mst. Shahnaz who was earlier abducted. Contended that co -accused of the petitioner, namely, Muhammad Sharif was real brother of said Mst. Shahnaz who was declared innocent by the police during investigation and has already been released on bail. Submits that if at all there was any motive for the commission of the present offence, it was only with said Sharif who has already been declared innocent.
2. I have heard learned counsel at length and gone through the F.I.R. with his assistance. Rehma petitioner is alleged t have been armed with a gun but no overt act except proverbial Lalkara is attributed to him. The only fire‑arm injury which resulted in the death of Nazar Muhammad had been attributed to co -accused of the petitioner, namely, Siddique. The motive was also not claimed A against the petitioner for the offence. In these circumstances, I allow this petition and direct that the petitioner be released on bail provided he 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, Sheikhupura.
3. S.G.D./M‑876/L
4. Bail granted.