This is an application for grant of bail to Abdul Ghaffar and Abdul Jabbar petitioners in case under section 302/325/34, P.P.C. Registered at Police Station Saddar Lodhran vide F.I.R. No.4/90 dated 3-1- 1990.
2. The prosecution case is that the petitioners and another in furtherance of their common intention launched an attack on Habib on 27-12-1989 in Mauza Gogran, Police Station Sadar Lodhran and thereby caused his death.
3.As for the petitioners it has been alleged that they were carrying Sotas; that they raised Lalkara and caught hold of the deceased and their co-accused namely Nisar inflicted one Sota blow on the head of deceased.
4. Learned counsel for the petitioners submits that the petitioners did not cause any injury to the deceased and the part attributed to them is not probable. Learned counsel for the State has opposed this application.
5.1 have considered the submissions made by the learned counsel for the parties. I find that the petitioners did not cause any injury to the deceased although they were carrying Dandas in their hands; that they allegedly raised Lalkara and caught hold of the deceased and that in the circumstances of the case it is yet to be seen as to whether any assistance from the petitioners was really required to enable the co-accused to inflict injury on the head of the deceased.
6. For what has been said above, I feel that a case for grant of bail to the petitioners has been made out. So, they shall be released on furnishing bail bonds in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Lodhran.
S.A./A-1351/L