MUHAMMAD RIAZ Versus STATE

ORDER

The petitioner is one of the accused in a case registered vide F.I.R. No.137/93, dated 12-6-1993 under section 302/324/34, P.P.C. at Police Station Shahkot, District Sheikhupura.

2. The learned counsel for the petitioner and the State were heard in respect of the contentions raised herein. Admittedly, the petitioner is not alleged to have caused any injury to the deceased and there is only allegations of general firing by the petitioner and his co-accused Khalid, as a result of which it is alleged that P.Ws. Hassan Muhammad had suffered simple injuries. It was further confirmed that the principal accused in the instant case Muhammad Akhtar had been declared innocent and discharged from the case and that a private complaint has been filed by the complainant party which is pending before the learned trial Court. Further, taking into consideration the authority relied upon i.e. 1982 S C M R 955 by the learned counsel for the petitioner to the effect that if the prosecution version given in the F.I.R. has been found false in respect of the majority of the accused, the co-accused alleged to have caused injury on the leg of the P.W. was held to be entitled to bail and placing further reliance on 1990 P Cr. L J 691, wherein the petitioner accused having caused simple injury to the P.W. in a murder case was allowed bail, it is hereby held that the petitioner is entitled to bail in the facts and circumstances highlighted above. Furfher, taking into consideration the fact that the co accused Muhammad Khalid, who is attributed the same role as the present petitioner, has been allowed bail by the learned lower Court against which the complainant had filed a petition for cancellation of bail i.e. Criminal Miscellaneous No.799/B of 1994 and the same was dismissed by this Court vide order, dated 5-4-1994, although the learned counsel for the State has pointed out that in the case of co-accused another factor was taken into consideration that he had been held not to be present during the investigation but conceded that the said co-accused had been challaned alongwith the present petitioner. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal and that he is C no longer required by the police and has been in judicial custody for over 11 months.

3. Therefore, the present petitioner is hereby allowed bail in the sum of p Rs.50,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Sheikhupura.

N.H.Q./M-1641/L Bail allowed.