MUHAMMAD AKBAR Versus THE STATE

ORDER

A case under section 302/109/34, P.P.C was registered at Police Station Kathiala Sheikhan, District Gujrat on 14-2-1993 on the statement of Ghulam Rasool, complainant.

2. The allegation is that Shan Muhammad brother of the complainant was walking ahead of his wife Mst. Hajan and the complainant when all of a sudden co-accused- Ahmad Yar carrying a rifle and the petitioner also armed with a rifle emerged. The shot of Ahmad Yar co-accused hit at the head of Shan Muhammad deceased. The petitioner had also attempted to fire at the deceased but missed the target.

3. The motive of the occurrence was that some time back real nephew of the co-accused Ahmad. Yar had been allegedly murdered and the son of .the deceased was nominated in that case as accused. Ahmad Yar, therefore, bore the grudge. The learned Additional Sessions Judge vide order dated 15-5-1994 dismissed the bail mistaking the petitioner having caused mortal injury to the deceased, whereas in fact it was his co-accused Ahmad Yar who had done the damage. The petitioner is only alleged to have made an ineffective fire and had no motive to commit the crime. He is behind the bars since a considerable period i.e. from 14-2-1993 and the trial is yet to commence. I would, therefore, like to admit the petitioner to bail provided he furnished bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C., Mandi Bahauddin.

N.H.Q./M-1761/L Bail allowed.