WAZIR ALI Versus STATE

ORDER

This is a petition for grant of bail to Wazir Ali who stands arrested in case F.I.R. No.184/93, dated 11-6-1993, under section 302/34, P.P.C. registered at Police Station Saddar Depalpur, District Okara, at the instance of Ismail brother of Abdul Ghani deceased. Petitioner's bail plea was declined by the lower Court, hence this petition.

2. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

3. According to the F.I.R., complainant alongwith deceased was having a round of watercourse to check up the smooth flow of water to their land when the petitioner accompanied by Maham Ali, his brother, confronted them and took up a row with them. They exchanged hot words and abuses. Meanwhile the petitioner called out his nephews Ali and Wali to bring fire-arm and kill the deceased and his brother. Ali and Wali in response to the exhortation made by petitioner came armed with a rifle and a pistol. Ali fired from his pistol aiming at the deceased and killed him then and there. Petitioner and his co-accused were arrested. Wali has been found innocent and the rest have been challaned to Court.

4. It is contended that only proverbial Lalkara is attributed to the petitioner and that as a matter of fact he was not present at the spot.

Admittedly, petitioner was not armed at the time of occurrence. He did not cause any injury to the deceased either. The question whether he called out the principal accused and exhorted him to kill the deceased needs further inquiry which can now be made at the trial. In this view of the matter, I allow A this petition and direct that petitioner 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 trial Court.

N.H.Q./W-39/L Bail allowed.