Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Bail, grant of---No injury was attributed to accused---Allegation against accused was that one of them had raised a Lalkara and then both of them had taken the deceased into a Japha---Questions whether principal accused could inflict fatal injury on the deceased while accused were holding him in Japha and whether accused had the knowledge that their co-accused was carrying a Chhuri in the Nefa of his Shalwar, were yet to be determined at the trial---Case against accused, in circumstances, required further inquiry and they were admitted to bail accordingly. Muhammad Haroon and another v. The State 1994 SCMR 2161; Sarwar v. The State 1986 PCr.LJ 2173; Muhammad Hussain and another v. The State 1988 PCr.LJ 1945; Shabbir Ahmad v. The State PLD 1977 Lah. 201: Mst. Barkat Bibi v. Gulzar .and another 1979 SCMR 65 and Jhanda v. The State PLD 1990 Pesh.166 ref. ORDER On 24-9-1994 at Police Station Shalimar, Lahore a case under section 302/34, P,P.C. was registered against Ijaz Ahmad, his brother Fayyaz Ahmad and cousin Bashir Ahmad accused at the instance of Maqbool Ahmad complainant. It was alleged that Abbas Ali deceased, the brother of the complainant objected to the sitting of the aforementioned three accused in the street where their house was situated because it was causing inconvenience to the ladies. An altercation took place and then Fayyaz accused raised a Lalkara exhorting his brother Ijaz Ahmad to teach Abbas Ali deceased a lesson for objecting to their sitting in the street. Thereafter, Fayyaz Ahmad and Bashir Ahmad accused took the deceased into Japha. Ijaz Ahmad accused took out a Chhuri from the Nefa of his Shalwar and inflicted a blow on the right flank of the deceased. On receiving the said injury the deceased fell down. The complainant raised alarm on which the residents of the Mohallah were attracted to the spot, on seeing whom the accused ran away. The deceased was taken to the hospital in injured state where he succumbed to his injury. 2. Bashir Ahmad and Fayyaz accused, petitioners herein, who were arrested on 3-10-1994, have applied for their bail. 3. I…

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