MANZOOR HUSSAIN Versus STATE

The petitioner who is involved in a case under section 302/34, P.P.C. arising out of F.I.R. No.230, dated 16-9-1992, registered at Police Station Narang Mandi, District Sheikhupura, seeks to be admitted on bail.

2. Briefly the allegation against the petitioner as per F.I.R. is that he alongwith his co-accused committed the murder of Zafar Ullah and Mst. Allah Rakhi.

3. The learned counsel for the petitioner contends that during the course of investigation, the petitioner was found innocent and this fact is being corroborated by the report submitted by the police under section 173, Cr.P.C. hence the case against him is one of further inquiries and the petitioner is entitled to the grant of bail. In addition to that, the learned counsel submitted that neither any crime weapon was recovered from the petitioner nor he has got any direct motive to commit the crime. The petitioner has only been involved in this case due to this reason that he is the elder brother of Abdul Ghafoor husband of Mst. Allah Rakhi deceased. The learned counsel also submits that the petitioner is an aged and infirm person because according to the police record his age is 73 years, hence he is entitled to the grant of bail on this score alone. In this regard he has placed reliance on 1977 S C M R 50 and 1978.S C M R 362.

4. The learned counsel appearing for the State has frankly conceded this fact that according to the police finding the petitioner is innocent and only Qurban co-accused of the petitioner was found involved during the investigation in this case and he has led to the recovery of carbine, three crime empties and a Danda allegedly used in the commission of the offence.

5. After hearing the learned counsel for the parties and perusing the police record, I find, as the petitioner was found innocent during the investigation hence the case against him is one .of further inquiries as it would be determined after the recording of some more evidence whether the petitioner actually committed the crime or not, so he is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the A.C., Ferozewala.

N.H.Q./M-1488/L

Bail-allowed.