MAHINWAL Versus STATE

ORDER

This is a petition for grant of bail to Sufi Mahinwal, petitioner herein, who has been arrested in a murder case (F.I.R. No.432/92, dated 10-10-1992. under section 302/324/427/148/149/109, P.P.C.) registered at Police Station Civil Lines, Sahiwal. In this case one Fazal Azeem was murdered with gunfire on 10-10-1992 in Sahiwal. The petitioner was arrested about a year earlier and challaned. The trial has not yet commenced. The 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 State and have also perused the record.

3. The sole ground pressed into service on behalf of the petitioner is that he is not named in the F.I.R. and his name surfaced for the first time during the police investigation on about 1-1/2 months later. It is contended that there is no allegation that the shot fired by the petitioner hit either Fazal Azeem (deceased) or the injured P.W. Pir Muhammad Dogar. Learned counsel for State does not dispute the correctness of these assertions. However, he opposes the petition saying that the material on the basis of. which the petitioner has been challaned is sufficient to spell out the commission of offence of murder by him. In these circumstances, I find that the absence of the name of the petitioner from the F.I.R. itself constitutes sufficient ground for making further inquiry into the question of his guilt or otherwise. Hence the A case of the petitioner is squarely covered by subsection (2) of section 497, Cr.P.C. This petition is consequently allowed and it is directed that the petitioner be released on bail subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the trial Court.

N.H.Q./M-1297/L Bail granted.