BASHIR AHMAD ALIAS MUHAMMAD BASHIR Versus THE STATE

This is an application for grant of bail to Bashir Ahmad petitioner in case under section 302/148/149, P.P.C. registered at P.S. Saddar Hafizabad vide F.I.R. No. 220/87, dated 8th July, 1987.

2. The prosecution case is that the petitioner and five others in furtherance of their common object launched murderous assault on Muhammad Arif and Allah Bakhsh and thereby caused the death of Muhammad Arif and caused injuries to Allah Bakhsh. As far the petitioner it has been alleged that he has raised Lalkara instigating his co-accused to do away with the deceased and Allah Bakhsh P.W.1.

3. Learned counsel for the petitioner submits that the petitioner had not caused any injury to the deceased and only proverbial Lalkara has been attributed to the petitioner. Learned counsel for the State has opposed this application on the grounds that the petitioner had a motive to kill the deceased and that he had instigated his co-accused to launch attack on the deceased and the P.Ws. and as such the provisions of section 149, P.P.C. stand fully attracted to his case.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner was empty-handed; that he did not cause any injury to the deceased or P.Ws. and that only Lalkara 'has been attributed to him.

For what has been said above, without making any expression of the opinion lest it may prejudice the merits of the case, the petitioner is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A. C. /Duty Magistrate, Gujran wala.

S. A./B-49/L Bail granted.