ASADULLAH Versus STATE

ORDER

This is a petition on behalf of Asad U11ah petitioner herein who stands arrested in case F.I.R. No.348, dated 21-10-1992, under sections 302/34, 324, 337-H, 337-F(iii), P.P.C. registered at Police Station Arifwala, District Sahiwal.

2. According to the prosecution Asad Ullah petitioner gripped Muhammad Amir deceased and facilitated Mubarak co-accused inflicting of fatal blow to him with dagger. The petitioner was arrested on 2-11-1992. His bail plea, was declined by the lower Court, hence this petition.

3. I have heard learned counsel for the petitioner as well as for the State assisted by learned counsel for the complainant and also perused the record. District Magistrate not to challenge the acquittal of the accused---Judgment passed by Sessions Court in revision remanding the case against accused to Judicial Magistrate for retrial was quashed in circumstances.

4. Admittedly the petitioner was empty-handed at the time of occurrence. The only allegation against him is that he had taken the deceased in his grip and thus facilitated the principal accused to inflict the fatal blow The question, whether assistance to the principal accused allegedly rendered by the petitioner was at all essential for inflicting single blow to deceased remains to be determined which exercise can be taken up only at the trial. In this view of the matter, I feel inclined to allow this petition. The petitioner shall be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Arifwala.

5. Copy Dasti on payment of usual charges

N.H.Q./A-677/L Bail granted.