GHULAM MUJADDID MIRZA, CJ.-Muhammad Akram son of Ahmad Din, Muslim Shiekh, resident of Gurdaspura Dakhli, Tehsil Depalpur District Okara, has applied for bail after arrest. He along with others is an accused in a murder case registered at Police Station, Depalpur on 21.1.1987 at the instance of Muhammad Khan. Fakhar Hayat Wattoo was alleged to have been murdered at his Dera in Mauza Sawzwar Sidharkay.
2. He applied for bail before the Sessions Judge. His application was dismissed by the Sessions judge, Okara, by order dated 13.7.1987.
Learned counsel appearing on behalf of the petitioner contended that the petitioner has not been named in the F.I.R.; not even alleged to be armed with anything and no overt act has been attributed to him.
It was further submitted that there is no evidence whatsoever to even suggest that the petitioner is remotely connected with the motive alleged by the prosecution in the F.I.R. According to the counsel, there is no evidence against the peitioner.
3. Learned counsel finally submitted that even ;r the prosecution allegations, without conceding, are accepted to be correct, the case against the petitioner is of furhter enquiry.
No effective argument has been advanced by the learned counsel appearing for the State.
The application is accordingly allowed. The petitioner is admitted to bail in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of A.C. Depalpur.