MUSHTAQ AHMAD Versus ARIF HUSSAIN

ORDER

Sabir Hussain and Allah Ditta alongwith 12 others are charged for the murder of Nazir Ahmad deceased on 12‑1‑1988.

2. The motive for the offence was that about 30/35 years prior to the occurrence uncle of the present petitioners was murdered by father of the complainant and to avenge that murder Nazir brother of the complainant was murdered.

3. The prosecution case is that all the 14 accused had waylaid the complainant party and fired at them when they passed near them. The deceased had received only one shot which is specifically attributed to Ghulam Haider who is in jail. Ten co‑accused of the petitioners similarly placed have been allowed bail by the learned trial Court. The petitioners had also applied for bail but they were not considered entitled to bail as there was a motive against them.

4. It is stated that the petitioners were not directly concerned with the said motive as the offsprings of Tajay Khan who was allegedly murdered by father of the complainant were alive.

5. Since no injury to the deceased is attributed to the petitioners, their case is at par with the other co‑accused who have been allowed bail by the learned trial Court. Accordingly following the rule of consistency I admit the petitioners to bail in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of A.C., Gujrat.

S.A./S‑348/L Bail granted.