NOOR AKBAR Versus THE STATE

ORDER

Ahmad complainant reported at Police Station Bhawana, District Jhang on 2-7-1987 that in the morning he alongwith his brother Sher Muhammad deceased and P.W. Noor were passing in front of the Haveli of Ahmad Kumhar when Noor Akbar petitioner armed with revolver and his co-accused Walayat with rifle, Muhammad Ayub, Jafar and Gul Sher with guns confronted them. The petitioner and Jafar raised Lalkara that Sher, deceased, should be taught a lesson for getting their land in consolidation. Nur Akbar petitioner fired a shot with his revolver but it missed the target. Walayat fired a shot with his rifle which hit the back side of chest of Sher, deceased, and he fell dead. Shot fired by Jafar hit in the wall but that fired by Gul Sher hit Mst. Moodan.

2. The petitioner alongwith his co-accused has since been arrested. The petitioner's bail plea was declined by the lower Court, hence this petition.

3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

4. It is contended that the petitioner is a practicing lawyer and has been falsely involved due to enmity. Learned State counsel did not seriously oppose the petition.

5. In view of the fact that ineffective firing and Lalkara is attributed to the petitioner and no empty was recovered matching with the revolver recovered from the petitioner, therefore, in the circumstances, I find that there do not exist reasonable grounds to believe that the petitioner is guilty of committing offence punishable with death or imprisonment for life. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bonds in the sum of Rs.50,000 (Rs. fifty thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner Duty Magistrate, Jhang.

S.G.D./N-110/L Bail allowed.