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1989 P Cr. L J 1893(2)

MUHAMMAD ASGHAR and 3 others vs THE STATE

Citation1989 P Cr. L J 1893(2)
CourtLahore High Court
Case No.Criminal Miscellaneous No, 406/B of 1989
Date1989-04-16
Judge(s)Tanvir Ahmed Khan
ResultBail granted

ORDER

' The petitioners have applied for post-arrest bail in a case registered against them vide F.I.R. No, 228, dated 20-10-1988 at Police Station, Mananwala District Sheikhupura under section 302/307/148/149, P.P.C.

2. I have already granted bail to two co-accused namely Muhammad Anwar and Fazal Miran in Criminal Miscellaneous No, 793/B of 1989 vide my order dated 25th March, 1989. The case of the present petitioners is also more or less similar to that of the aforesaid two co-accused. The allegations against the present petitioners are that they along with their other 5 co-accused framed an unlawful assembly and committed the murder of Muhammad Iqbal and made a murderous assault upon the prosecution witnesses. According to the F.I.R. Petitioners Nos. 1 and 2 were armed with Sotas while petitioners Nos. 3 and 4 were allegedly armed with hatchets. The other co-accused excepting those who had already been granted bail were armed with fire-arm weapons. It is the case of the prosecution that the deceased as well as the injured P.Ws. Were also hit by fire-arm weapons.

3. Learned counsel for the petitioners has argued that only proverbial Lalkara has been attributed to the petitioners and no overt act of either injuring the deceased or the prosecution witnesses has been alleged against them. It is his case that the petitioners have been involved in this case in a mala fide manner.

4. Learned Additional Advocate-General is not in a position to controvert the contentions raised by the learned counsel for the petitioners. However, he has argued that the petitioners are vicariously liable for the murder of the deceased. I have already granted bail to the two co-accused who were similarly placed earlier as mentioned in the preceding paragraph. The present petitioners have only been attributed simple Lalkara and no overt act whatsoever has been attributed to them. In these circumstances. I admit the petitioners to bail in the sum of Rs,50,000 each with two sureties each in the like amount to the satisfaction of A.C., Sheikhupura.

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