Law:

Section:

Criminal Procedure Code (V of 1898)-- Ss. 497 & 498-Bail-Charge under S. 302/34, Penal Code, 1860- Petitioner allegedly armed with a stick and no injury with blunt weapon attributed to him found on body of deceased-Such circumstance alone does not necessarily exculpate him-First Information Report showing all accused having acted in pre-concert and petitioner having taken out money from pocket of deceased after his being shot dead at spot-Petitioner aged 17/18 years at time of occurrence hence not entitled to bail on ground of age-Likely delay in trial of case also not by itself a ground for enlargement on bail-Petition dismissed. JUDGMENT MUHAMMAD AKRAM, J.-The case of the prosecution in brief is that petitioner armed with a stick along with his three co-accused namely Munir armed with pistol, Ashiq with gun and Rehmat with hatchet went together and attacked Muhammad Amin deceased while he was still asleep in front of his shop. They surrounded his cot and shot him dead at the spot. Thereafter, it is alleged, the accused took out money from the pocket of the deceased and then fled away from the spot. The petitioner and two of his co-accused namely Ashiq and Rehmat applied for bail in the case registered against them under section 302/34, P. P. C. at Police Station Renala Khurd. On the 2nd of October, 1976 the Additional Sessions Judge, Sahiwal, allowed bail to Ashiq on the ground that he was a minor below 15 years of age at the time and the bail application of Iqbal petitioner and Rehmat co-accused was rejected by him. Iqbal petitioner alone went up to the High Court for bail but his petition was likewise dismissed by a learned Judge of the Lahore High Court at Lahore on the 28th of January,…

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