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1989 P Cr. L J 446

BAKHTIAR AHMAD vs THE STATE

Citation1989 P Cr. L J 446
CourtLahore High Court
Case No.Criminal Miscellaneous No, 386/B of 1988
Date1988-04-11
Judge(s)Muhammad Munir Khan
ResultBail allowed

ORDER

' This- is an application for grant of bail to Bakhtiar Ahmad petitioner in a case under section 302/307/148/149, P.P.C. Registered at P.S. Mustafabad, District Kasur, vide F.I.R No,122/87 dated 29-5- 1987.

2. The prosecution case is that the petitioner and 4 others in furtherance of their common object caused double murder of Wajahat Hussain and Azhar Javed and injury to Asad Ullah Khan complainant on 27-5-1987 in the area of village Raja Jang of P.S. Mustafabad. As for the petitioner it has been alleged that he deceitfully brought the two deceased and Asad Ullah Ehsan complainant to the place of occurrence for settlement of disputes between them and the accused party and thereafter, exposed them to murderous assault by his co-accused.

3. Learned counsel for the petitioner submits that the petitioner did not cause any injury to the deceased or the P.W., that on the direction of his father, the petitioner honestly brought the deceased and the complainant to the place of occurrence for the settlement of disputes and that he was innocent in the matter. Conversely, the learned counsel for the State assisted by the learned counsel for the complainant opposed this application on the ground that the petitioner had brought the deceased and the complainant to the place of occurrence on the pretext of compromise and in fact he was a party to the conspiracy to the double murder of Wajahat Hussain and Azhar Javed and injury to Asad Ullah Khan complainant.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner was emnty handed at the time of occurrence; that he did not cause any injury to the deceased or the P.W., that there was a criminal case under section 307/34, P.P.0 i,e, F.I.R. No, 94/87 between the parties in which Asad Ullah complainant had approached Muhammad Arshad Khan, father of the petitioner for settlement of the dispute and that it was on the asking of his father that the complainant had brought the complainant party to the place of occurrence apparaently for the compromise and that it is yet to be determined as to whether the petitioner had brought the two deceased to the place of occurrence innocently or1 deceitfully.

' For what has been said above, I am of the view that a case for grant of bail to the petitioner has been made out. He is, therefore, allowed bail in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of A.C. Duty Magistrate, Kasur.

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