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PLJ 2016 Cr.C. (Lahore) 483

MUHAMMAD SARWAR alias BAO vs STATE and another

CitationPLJ 2016 Cr.C. (Lahore) 483
CourtLahore High Court
Case No.Crl. Misc. No, 1500-B of 2014
Date2014-04-17
Judge(s)Arshad Mahmood Tabassum
ResultBail allowed

ORDER

' Having failed before the learned trial Court to get himself released on bail in case FIR No, 436, dated 10.10.2013, offences under Sections 302, 109, 34, PPC, registered at Police Station Saddar Mian *Channu, District Khanewal, the petitioner has again tried his luck before this Court for the same relief.

2. It is the prosecution case that deceased Shamshad had to pay an amount of Rs, 1,000/- to the real brother of the petitioner, namely Shaukat, who sent the petitioner and his co-accused Ghulam.

Rasool to recover the said amount of Rs, 1,000/-; that the petitioner and his co-accused approached the deceased and asked him to make payment of the said amount, which he did not pay, whereupon, co-accused of the petitioner snatched .12-bore pump action from the petitioner and made fire therefrom, hitting the deceased, resulting into his death.

3. Having heard learned counsel for the parties, it is observed that except that the petitioner was equipped with .12-bore pump action, he did not make any fire, nor raised lalkara, nor any injury has been attributed to him. Therefore, it is a matter of further inquiry as to whether the petitioner had shared common intention with his co-accused. This being so, to my mind, guilt of the petitioner requires further probe, entitling him to grant of bail. He shall be released from jail on bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/-, with two sureties, each in the like amount to the satisfaction of the learned trial Court.

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