' This petition for grant of bail has been made by one Ghulam Hussain who is involved in a case under section 302 read with section 34 of the Pakistan Penal Code. It is alleged that the petitioner, alongwith his co-accused, Abdul Khaliq, intentionally caused the death of Imtiaz Ahmad in furtherance of their common intention. It was reported that the petitioner caught hold of Imtiaz Ahmad while Abdul Khaliq inflicted choir blows on Imtiaz Ahmad which resulted in his death.
2. It was contended by learned counsel for the petitioner that no fatal injury had been attributed to the petitioner and, therefore, he was entitled to the concession of bail.
3. No doubt, the petitioner is not alleged to have caused any injury to the deceased but according to the allegations recorded in the First Information Report he held the deceased in his clasp (Japhpha) while his co-accused caused fatal blows to him. Thus, according to the prosecution version, he facilitated the commission of murder. It has also been noted in the First Information Report that the two co-accused came together in a vehicle and also left together in the same vehicle after the incident. All this has been stated to demonstrate that the petitioner had a common intention to take the life of the deceased.
4. It was also urged by learned counsel for the petitioner that the petitioner had no motive to participate in the occurrence. It is true that the petitioner had no direct grievance against the deceased but according to the First Information Report he is brother of the co-accused who had a grouse against the deceased. It is not uncommon that if some trouble is caused to a person his brothers or other real relatives do come up to his help. Law is also well-settled on the point that motive is not necessary for convicting a person on a criminal charge. Plea of want of motive is, therefore, of little avail to the petitioner.
5. It will be after recording of evidence in the case, that one will be able to say, with certainty, whether or not the petitioner is to blame for taking the life of Imtiaz Ahmad; but as the matter stands at present, I see no reasonable ground to believe that he had no concern in this affair.
Accordingly, I am not inclined to admit him to bail at this stage, and dismiss his petition in limine.