MANZOOR HUSSAIN Versus STATE

ORDER

Bail is being sought in the case registered vide F.I.R. No.12 of 1-6-1993 under section 302/34, P.P.C. at Police Station Bhangi Khel, District Mianwali alleging the murder of complainant's father Soorat Khan by revolver shot firing of his son-in-law Mumtaz Hussain co-accused landing on the chest and abdominal region on the exhortation of, clasping around and infliction of a stick blow at the back by the latter's brothers Ijaz Hussain, Mukhtar Hussain and the petitioner respectively at 8-30 a.m. on the eve of Eid-ul-Baqar while the deceased was offering "Faathiah" at his father's grave, pursuant to matrimonial differences of the principal accused over visiting of his wife to the deceased's place.

2. Contending contradiction of the ocular account by the medical evidence viz. non-manifestation of any blunt weapon injury in the deceased's post-mortem report, the set out motive does not even bear remote nexus with the petitioner, false roping in of all the brothers for a fire-arm wound specifically attributed to the principal accused, co-accused Mukhtar Hussain having been released on bail by the Sessions Court petitioner too is entitled to the concession who with the submission of challan is no more required by the investigating agency, which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.

3. Prima facie the contentions urged by the learned counsel for the petitioner constituted sufficient ground for further enquiring into his involvement in the offence charged, thus is allowed bail upon furnishing bona in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court.

N.H.Q./M-1500/L

Bail allowed.