Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code (V of 1898) S. 497(2)-Bail-Murder case-Matter still pending investigation and further inquiry yet to be made into allegations against accused-Accused, held, entitled to bail under subsection (2) of S. 497. Chiragh Din and others v. State P L D 1969 S C 340 and Muhammad Aslam and others v. The State P L D 1967 S C 539 ref. .   ORDER The petitioner has been accused of an offence under section 302/34, P. P. C. along with his brother Akhtar Mir. The deceased in this case is Tariq Saeed and the first information, report has been lodged by his brother Khalid Saeed. It is mentioned in the F. I. R that there was a background of hostility between Akhtar Mir and his party-men on one side and Khalid Saeed and his partisans on the other. A case had been registered against Akhtar Mir and his party-men in March 1970. Another case was registered against them in Police Station Naulakha in September 1970, for causing hurt with knife to Anwar Saeed and Tariq Saeed deceased. 2. The occurrence took place on 21st of October 1970 at about 8-30 p.m. in a street near Ghas Mandi. Ashraf Mir the present petitioner along with his brother Akhtar Mir were present there. On seeing the first informant and his brother Tariq Saeed, Akhtar Mir took out a revolver from his dub. The present petitioner then raised a lalkara that Tariq Saeed should be killed. At this Akhtar Mir fired three shots one of which found its way in the abdomen of Tariq Saeed. Besides the first informant, the occurrence was seen by Naheed and Muhammad Yousaf. The injured person was taken to Mayo Hospital where he succumbed to the injuries after first aid had been rendered to him. 3. The petitioner was arrested on 22nd of October 1970. He applied for bail to the Sessions Court. His bail application was dismissed by Sh. Bashir Ahmad, Additional Session Judge, Lahore on 19th of February 1971. The learned Additional Sessions Judge observed that the lalkara raised by the petitioner amounted to abetment and that the petitioner was not entitled to the grant of bail for that reason. He in this connection relied on Chiragh Din and others v. State (P L D 1967 S C 340). 4. The petitioner thereafter moved…