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K.L.R. 1997 Criminal Cases 251

ZULFIQAR, Etc. vs THE STATE

CitationK.L.R. 1997 Criminal Cases 251
CourtLahore High Court
Case No.Crl. Misc. No. 3932-B of 1996
Date1997-01-14
Judge(s)Khalil-ur-Rehman Ramday
ResultN/A

ORDER

KHALIL-UR-REHMAN RAMDAY, J. - Zulfiqar petitioner stands burdened with firing in the air during the occurrence in question while Saleem petitioner stands saddled with raising of LALKARAS during the said occurrence. The learned counsel for the petitioner argues that since the two petitioners had not caused any injury to any one in the occurrence in question, they wee entitled to be released on bail. Adds that Saleem petitioner is a minor who was only 13 years of age at the time of occurrence and further that he had been falsely implicated because his elder brother, namely, Munir was the one who had allegedly shot his own father dead. It is also argued that Saleem petitioner and his brother Munir are - the only sons of Ghulam Abbas and that the complainant who is a brother of Ghulam Abbas deceased had falsely implicated Saleem petitioner to grabe the property of the said petitioner's father, namely, Ghulam Abbas deceased.

2. The learned counsel for the State as also the learned counsel for the complainant vehemently opposed the grant of bail to the two petitioners on the ground that Saleem petitioner was a party to the murder of his own real father as also of his own real paternal grand-mother; that Saleem petitioner had a motive to cause the murders and in view of the heinousness of the offence committed, the petitioners did not deserve the concession of bail.

3. No material has been placed before me to controvert the claim of the learned counsel for the petitioner that Saleem petitioner was only 13 years of age at the time of occurrence. This young boy is attributed only raising of LALKARAS during the course of the occurrence in question. His elder brother is the one who is alleged to have fired a fatal shot. In this view of the matter I am of the view that Saleem petitioner has made out a case for his release on bail.

4. As has been mentioned above only firing in the air was attributed to Zulfiqar petitioner, lt is not denied that no empty had been found at the spot, ln this view of the matter Zulfiqar petitioner also deserves his release on bail.

5. Consequently, this petition is allowed. Zulfiqar and Saleem are released on bail subject to each one of them furnishing security in the sum of Rs. 30,000/- with two sureties each in the like amount to the satisfaction of the learned Trial Court.

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