SHAH NAWAZ Versus THE STATE

ORDER

Shah Nawaz; petitioner, is stated to have fired at and injured his uncle Zafrullah on 12‑5‑1987, A report was lodged by Sarfraz, brother of the injured, the following day at Police Station Sukheki, District Gujranwala, under section 307. P.P.C. The injured, however succumbed to the injuries in the hospital on 19‑6‑1987 whereupon the charge was altered to one under section 302, P.P.C. The petitioner was arrested soon after the occurrence. His bail plea was declined by the lower Court, hence this application.

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

3. It is stated on behalf of the petitioner that parties being close relations have effected a compromise and almost all the eye‑witnesses, namely, complainant Sarfraz, brother of the deceased, Ghulam Rasool son of Maula Dad and Afzal son of Sohawa, who are close relations of the deceased have sworn affidavits that they did not see the occurrence. They are present in Court and have owned these affidavits. They have also produced their national identity cards which substantiate their identity.

4. In view of the compromise effected between the parties. I feel inclined to allow this petition. The petitioner is directed to be released subject to his furnishing bail bonds in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./ Duty Magistrate, Gujranwala.'

M.Y.H./S‑222/L Bail granted.