MUHAMMAD NAWAZ Versus THE STATE

ORDER

This is an application for grant of bail to Muhammad Nawaz petitioner in a case under section 302/34/109, P.P.C., registered at P.S. Bhalwal, vide F.I.R. No.219/87 dated 26‑5‑1987.

2. The prosecution case is that Muhammad Ameer and Umar Hayat had committed murder of Muhammad Ameer with the consultation and at the instigation of Mushtaq and Muhammad Nawaz and Nazar Muhammad, on ‑ 20 ‑5‑1987 at 5‑00 a. m. fn 'the area of Jhal Chaktan Bhularwan of P.S. Bhalwal. In the F.I.R. it has been stated that Muhammad Anwar and Muhammad Akram had heard the petitioner Nawaz and Nazar Muhammad conspiring with Muhammad Ameer and Umar Hayat in the Baithak, of Tiwanas.

3. Learned counsel for the petitioner submits that during 'investigation the companions of the petitioner namely Muhammad Mushtaq and Nazar Muhammad have been found innocent and that the allegations against the petitioner are that he was privy to the murder of the deceased. Learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that there are two witnesses of the alleged conspiracy and instigation namely Muhammad Anwar and Muhammad Akram, that their statements to the extent of the two conspirators namely Muhammad Mushtaq and Mazar Muhammad have been found false during investigation and that the statements made by Muhammad Akram before the police which was recorded under section 161, Cr.P.C. is as under:‑ and that the petitioner was neither present on the spot nor had caused any injury to the deceased.

For what has been said above, without making expression of opinion last it may prejudice the merits of the case, I am of the view' that a case for grant of the bail to the petitioner is made out. He is, therefore, allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A . C . /Duty Magistrate, Bhalwal.

S.G.D./M‑743/L Bail allowed.