MUHAMMAD HANIF Versus STATE

ORDER

On .28th October, 1981 at Pesheewela Shabbir son of Muhammad Hanif picked up row with Qasim Ali complainant. They were abusing each other when the villagers intervened to avert the situation. A little later Shabbir and Qadir armed with sticks accompanied by the petitioner (their father) who was empty‑handed went to the house of Qasim Ali complainant and started hurling abuses to there. Khushi Muhammad deceased (father of the complainant), came out of the house to ask the accused party to desist from abusing them. At this, Muhammad Hanif, petitioner took Khushi Muhammad in his grip while Qadir and Shabbir his co‑accused gave one stick blow each on his head, as a result of which he fell down. He was removed to the hospital. On the following day the case was registered under section 307, P. P. C. and later it was substituted with under section 302, P. P. C., as Khushi Muhammad had died.

2. The petitioners' prayer for bail was declined by the learned Additional Sessions Judge, Multan on 14th July, 1982. Hence this petition.

3. I have heard learned counsel for the petitioner as well as for in' State and also perused the record. The only role ascribed to the petitioner is that he held the deceased in his grip while his two sorts gave stick blows to him, one of the blows proved to be fatal. The petitioner is admittedly

68 years old. Apart from his being old, in my view the petitioner's participation in the occurrence requires further, inquiry. This petition is therefore, accepted, and the petitioner is directed to be released on bail subject to his furnishing security in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner Duty Magistrate, Multan.

S.G.D. Bail granted.