MAZHAR IQBAL Versus STATE

ORDER

1. Petitioner has sought post-arrest bail in a case registered vide F.I.R. No.114/91 dated 31-3-1991 under section 302/324/148/149, P.P.C. at Police Station Saddar Lala Musa, Gujrat.

2. It is the prosecution case that the complainant Sardar Khan alongwith his son Mian Khan and Altaf were proceeding towards the village to their cattleshed. Hardly they reached the Haveli of Muhammad Ashraf when the petitioner alongwith his co-accused emerged having fire-arm weapons in their hands. Ghulam Abbas fired a burst with his Klashnikov which hit Mian Khan. The petitioner alongwith his co-accused Muhammad Khan had been attributed a fire-arm injury to Altaf P.W.

3. Bail has been sought on the ground that the petitioner has been implicated in this case in a mala fide manner as he has got no motive against the complainant side. It has been argued that Altaf P.W. had only suffered one injury which has been attributed to his co-accused Muhammad Khan as well. A further argument has been advanced that the petitioner is in jail for the last more than 16 months and the conclusion of the trial is not within sight.

4. I have considered the contentions and have noticed that no empty was recovered from the spot and the petitioner has only been attributed simple injury to Altaf P.W. who suffered a sole injury on his left elbow, a non-vital part. This injury has also been attributed to co-accused Muhammad Khan. He has not been attributed any injury to the deceased. No motive has been alleged A against him. He is in jail for the last more than 16 months. In these circumstances, keeping the period of incarceration into consideration and the role attributed to the petitioner I admit him to bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Gujrat.

5. N.H.Q./M-595/L Bail allowed.