MUHAMMAD AFZAL Versus STATE

ORDER

I It is contended that in vice of th:; facts mentioned in the F.I.R. it is evident that it is the labourer who attacked the security staff in large numbers thus putting them m serious apprehension of their safety and lives, and as such they were justified in defending themselves by whatever means that were at their disposal. This contention is supported by the admission of the learned State counsel that the labourers had formed an unlawful assembly. It is contended further that Muhammad Afzal petitioner is not alleged to have fired any shot at anyone and as such he is not responsible for the death of or making a murderous assault on any one specially in view of the fact that it was a sudden affair and there could be no pre-concert common object within the meaning of section 149, P.P.C.

2. Without commenting on the merits of the case I think there are reasonable grounds for believing that the petitioner is not guilty of an offence punishable with death, imprisonment for life or 10 years' R.I. He is therefore, granted bail in the sum of Rs.10,000 (Rupees ten thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujrat.

H.B.T/1981/L Bail granted.