' Petitioner seeks bail in a case F.I.R. No,242, dated 13-6-1998 under sections 302 and 34, P.P.C.
Registered with Police Station Satiana, District Faisalabad. The prosecution story as given in the F.I.R.
Briefly stated is that on the fateful day, there was a quarrel between the children and Bashir son of Abdul Sattar had beaten son of Muhammad Iqbal co-accused. On this account, the said Muhammad Iqbal, armed with Chhuri accompanied by two others including the petitioner went to the spot. Muhammad Iqbal, raised Lalkara whereafter Muhammad Yasin and Kashif petitioner caught hold of Bashir and made it possible for Muhammad Iqbal accused to give a Chhuri blow which landed on the chest of Bashir Ahmad who fell down and later on succumbed to the injuries in the Hospital and died.
2. Learned counsel for the petitioner seeks bail on the ground that the local police had found the petitioner to be innocent; that as per his birth certificate, he was below sixteen years of age at the time of occurrence; that he too received a hatchet blow on the head during the occurrence which has been suppressed by the prosecution and that the co-accused has been granted bail by this Court. Learned counsel for the State opposed the prayer by submitting that petitioner is accused of an offence which falls in the prohibitory clause of section 497, Cr.P.C. And is not entitled to bail.
3. Heard.
4. It is not denied that petitioner was declared innocent in the first investigation. He is son of principal accused Muhammad Iqbal who is attributed fatal blow to the deceased. Co-accused Muhammad Yasin who was attributed similar role stands bailed out by this Court as the alleged occurrence qua him requires further inquiry. The question as to whether Muhammad Iqbal required petitioner's assistance to cause a single blow to the deceased would require further inquiry. The petitioner was below sixteen years of age at the time of occurrence. In these circumstances, this petition is allowed and petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of trial Court.