SHAHID RAZA 8HATTI Versus MAGISTRATE SECTION 30, DISTRICT COURTS, RAWALPINDI

ORDER

Accused of offences under sections 302, 324, 452, 148, 149 and 379. P.P.C. as alleged in F.I.R. No.151 of 1996, dated 27-5-1996, the two petitioners have applied to this Court for grant of bail on the ground, inter alia, that petitioners are in confinement for the last about one year and the case is still under investigation, that the deceased died of the injury caused by co-accused and the petitioners are accused of having caused simple injuries to Shah Bahrain only and that the accused party was also injured in the same occurrence, but this aspect of the occurrence has been withheld by the prosecution. The learned State Counsel has opposed the grant of bail.

2. The perusal of the F.I.R. shows that possibly the fatal injury is attributed to Muhammad Rafiq because according to both medico-legal report as well as post-mortem report the dangerous injury is No.1 on the head which is attributed to Muhammad Rafiq. Therefore, at best, the petitioners are constructively liable. The precise quantum of liability will have to be determined, at the time of trial. The Police Officer present informed me that investigation is still in progress. In the circumstances, the petitioners cannot be kept in jail indefinitely.

3. This petition is allowed and it is directed that the two petitioners shall be released on bail in this case on their furnishing bonds in the sum of Rs.1,00,000 (one lac) each with one surety each in the like amount to the satisfaction of Judicial Magistrate/Ilaqa Magistrate, Pakpattan. Disposed of.

H.B.T./M-728/L

Bail granted