MUHAMMAD SALEEM Versus THE STATE

ORDER

The petitioner Muhammad Saleem has moved this petition for bail after arrest under section 497, Cr. P.C. in a case registered against him under section 307/34, P.P.C. at police station Ravi Road, Lahore, vide F.I.R. No. 108/87.

2. It is argued that the only allegation against the petitioner is that he held the victim so as to enable the co‑accused to fire at him Learned counsel submitted that the learned trial Magistrate granted bail to the petitioner on 22‑3‑1987 on the ground that this was a case of further inquiry. However, the learned Additional Session Judge cancelled the bail all wed to the petitioner by the learned trial Magistrate vide order, dated 30‑6‑1987. The learned counsel maintained that no injury has been attributed to the petitioner except that he held the victim. Learned counsel for the petitioner has placed reliance on Basharat Hussain v. Ghulam Hussain (1978 S C M R 357), Muhammad Nasar v. Muhammad Arshad etc. (1981 S C M R 894), Shahadat Ali v. The State 1985 P Cr. L J 1 and Ali Asghar v. The State PLD 1985 Kar. 609). The learned counsel for the State has forcefully opposed the grant of bail to the petitioner. It is maintained that the petitioner is duly named in the F.I.R. He is attributed a specific part. According to learned counsel. the petitioner is rather the principal accused in the case. It is stated that the F.I.R. was lodged with the police promptly. The question of any substitution does not arise. The learned counsel for the State relied upon Muhammad Shafiq v. Muhammad Hanif (1979 S C M R 143). She stated that there is ample evidence to connect the petitioners with commission of the crime.

3. After hearing the learned counsel for the parties at some length. I am of the view that the only allegation against the petitioner is that he held the victim and facilitated the co‑accused to fire at him.

From the plain reading of the F.I.R and other evidence available on record I am of the view that this is a case of further inquiry. Accordingly, respectfully following the rule laid down by the Honourable Supreme Court of Pakistan in the above cited authorities by learned counsel for the petitioner, I admit the petitioner to bail in the sum of Rs.90,000 (Rupees ninety thousand) with two sureties each in the like amount to the satisfaction of A . C. , Lahore.

S.A./M‑731/L Bail granted