ABDUL JABBAR Versus THE STATE

ORDER

Humaon, complainant, lodged a report at Police Station Noor Shah, district Sahiwal on 23-5-1W0 to the effect that the petitioner alongwith 5 others had assaulted and killed Qasim Ali on 22-5-1990 at 6-00 p.m. in the vicinity of Chak No.78/5-R. A case was registered under sections 302, 324, 148 and 149, P.P.C. The petitioner was arrested on 10-6-1990. His bail plea was declined by the trial Court, hence this petition.

2 1 have heard learned counsel for the petitioner as well as for the State and have also perused the record.

3. The role attributed to the petitioner is that he had taken the deceased in his grips while Nawaz, co-accused, dealt him solitary dagger blow at his back which resulted in his death.

4. It is contended that the petitioner has been implicated in this case due to enmity; and that as a matter of fact he was not present at the spot. Furthermore, he was empty-handed at the time of occurrence and did not cause any injury to the deceased or the P.Ws. Learned counsel for the State opposes the petition.

5. I am disposed to allow this petition as accused/petitioner did not cause any injury to the deceased and the question, whether or not the principal accused Nawaz could cause the solitary injury on the person of the deceased single handedly without petitioner's help, needs elaborate inquiry and as such petitioner's case is squarely covered under section 497(2), Cr.P.C. It is, therefore, directed that the petitioner be released on bail subject to his furnishing bail bond in the sum of R.s.20,000 with two sureties each in the like amount to the satisfaction of trial Court during the pendency of the trial.

SA./A-1350/L

Petition accepted.