RAJA AFRAS1AB KHAN, J - This order will dispose of Crl. Misc. No. 980-B/94 moved by Muhammad SALE and Crl. Misc. No. 993-B/94 moved by Amjad Ali, in case FIR No. 209/92 dated 13-9-92, P.S. Bata Pur, Lahore under Sections 302/337-F/148/149 PPC.
2. The petitioners along with ten others are charged with the murder of Muhammad Yaqub (deceased) and for murderously assaulting Abdul Ghafoor and Muhammad Rafiq P.Ws, with hatchets and sticks. The occurrence was sequel to a quarrel taking place a day before the occurrence between the son of Abdul Ghafoor complainant on one side and the son of Ghulam Ali co-accused of the petitioners on the other side.
3. As per F.I.R. Muhammad SALE and Amjad Ali petitioners are alleged to have caused hatchet and stick injuries respectively to Muhammad Yaqub (deceased). Muhammad SALE petitioner is also alleged to have injured Abdul Ghafoor complainant.
4. Bail is urged on the ground that in the investigation it was found tha! There were two separate incidents, one pertaining to the murder of Muhammad Yaqub (deceased) and the other about causing injuries to the P.Ws. Muhammad SALE petitioner was not found to have directly participated in the occurrence pertaining to the murder of Muhammad Yaqub but connived at with his co- accused in doing away with the deceased. However, he participated in the occurrence pertaining to injuries to the P.Ws.
5. Although Muhammad SALE petitioner was not found to have participated in the occurrence of murder but this is not so in the case of Amjad Ali petitioner who was found to have caused a stick injury to the deceased. In the F.I.R, also this allegation is levelled against him.
6. Altaf co-accused with allegations similar to the ones against Muhammad SALE petitioner, is stated to be on bail.
In this view of the matter the application of Muhammad SALE petitioner is granted and he is admitted to bail in the sum of Rs. 50,000/- (Rs. Fifty thousand) with two sureties, each in the like amount, to the satisfaction of the Assistant Commissioner, Cantt. Lahore.
However, the application of Amjad Ali petitioner is dismissed.