HAJI MUHAMMAD BASHIR Versus THE STATE

Haji Muhammad Bashir, petitioner herein stands arrested in a case registered under sections 302, 307, 148 and 149, P.P.C. vide F . I . R . No. 492 , dated 3‑12‑1987 at Police Station Oggoki, District Sialkot. The petitioner's bail plea was declined by the lower Court, hence this petition.

2. According to the prosecution, the petitioner alongwith six others duly armed with fire‑arms had attacked and killed Muhammad Amin on 3‑12‑1988. The shot which hit the deceased was fired through .12 bore gun by Zahoor Elahi co‑accused of the petitioner. The role attributed to the petitioner is that he had raised a Lalkara exhorting Zahoor Elahi, the principal accused to fire and kill the deceased. During the investigation the petitioner and his companion Sultan Ahmad and Muhammad Hanif have been declared as innocent by D.S.P. Ghulam Muhammad Kalyar vide his Zimni, dated 12‑1‑1988. These facts have not been controverted by the other side.

3. In view of the fact that the petitioner did not cause any injury to the deceased, I am inclined to allow this petition. The petitioner shall be released on bail on his furnishing bail bond in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sialkot.

M.Y.H./M‑792/L Bail granted.