1. For orders on M.A. 3689/09 (U.A)
2. For orders on M.A. No. 3477/09(Ex/A)
(Certified copy of annexure not filed)
Translation of charge sheet not filed)
3. For hearing._____________________
25.09.2009.
Mr. Muhammad Qasim Mirjat , Advocate for the applicant
Mr. Salem Akhtar, Deputy Prosecutor General.
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This is a bail application moved on behalf of the applicant, who is facing trial under Section 302, 114, 147, 148, 149 PPC, P.S. Jati.
The allegation against the applicant is that he was apprehended alongwith co-accused Siddiq, Rafique, Rasheed, Hassan, Ramzan who made assault on the complainant’s brother deceased Ali Mohammad, who died due to fire attributed to co-accused Ramzan. The role assigned to the applicant is of instigation and he was present at the spot empty handed.
The learned counsel for the applicant has contended that no active role in causing the murder of the deceased has been assigned to the applicant. Applicant is an old person having age of 70 years. He is confined in jail since more then one year and entire family of the applicant is involved in the matter though fire shot is alleged against co-accused Siddique, therefore the case of applicant requires further enquiry and he is entitled to the concession of bail.
Learned D.P.G. has opposed the grant of bail on the ground that role of instigation is assigned to the applicant, therefore, he is not entitled to be released on bail.
From the case of prosecution, it is clear that active role of causing murder of deceased is attributed to the co-accused Siddique and only the presence of the applicant at the spot without any weapon has been alleged, which requires further enquiry as to his presence and sharing of common intention to cause death of deceased.
In view of the above, this bail plea is accepted. Applicant shall be released on furnishing surety in the sum of Rs.200,000/- with P.R. bond in the like amount to the satisfaction of the trial Court.
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JUDGE