ASHIQ HUSSAIN Versus THE STATE

ORDER

This is an application for grant of bail to Ashiq Hussain petitioner in case under section 302/148/149, PPC registered at Police Station Chak Jhumra vide FIR No.388 dated 14-11-86.

2. The prosecution case is that the petitioner and four others after having carried fire-arms trespassed into the house of Aman Ullah Khan complainant and caused the death of Nasarullah on 25-2-1985.

3. As far the petitioner, it has been alleged that he was armed with a gun and after Nasarullah deceased had received the fatal injury caused by Muhammad Ashraf co-accused, he (petitioner) alongwith other co-accused raised Lalkara and started firing shots which did not hit anyone.

4. Learned counsel for the petitioner submits that the petitioner did not cause any injury to the deceased. Learned counsel for the State assisted by the learned counsel for the complainant has seriously opposed this application on the grounds that since the petitioner had not only trespassed into the house of the complainant after having armed himself but had also indulged in firing and had also raised lalkara therefore, the provisions of section 149, PPC are clearly attracted to his case and that the alleged offence falls within the prohibitory clause of section 497, Cr.P.C.

5. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner although armed with a gun, did not cause any injury to the deceased; that the allegations are that he had raised lalkara and fired shot after the deceased had been fatally injured at the hands of his co-accused Muhammad Ashraf and that although about one year has passed yet the case has not been sent to Court of Session.

For what has been said above, I feel that a case for grant of bail to the petitioner has been made out. He is, therefore, allowed bail in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of AC/Duty Magistrate; Faisalabad.

6. It would however be open to the complainant to move application for the cancellation of the bail after the case is sent up to a Court of competent jurisdiction.

S.A./A-210/L Bail allowed.