Petitioner Muhammad Siddique through the instant petition has sought for post-arrest bail in Case FIR- No, 137 dated 25.5.2003 originally registered u/S. 302/324/148/1/19 PPC with P.S. Gaggo District Vehari. Later on, the police have added Section 337-A(i)(ii)/337-F(i)(v) and 337-L(ii) PPC in the same.
2. Here I would like to mention that the bail petitions of his co-accused Muhammad Amin, Nazir Ahmad, Bashir Ahmad and Ghulam Ghous were dealt with by my learned brother Muhammad Akram Baitu, J. on 3.3.2004. He is not available at this Bench these days. I, therefore, proceed to decide the instant petition.
3. After hearing the learned counsel for the parties and perusing the record, I find that no specific injury either to the deceased or any one else has been ascribed to him in the FIR.
4. Learned counsel for the complainant has pointed out that in the statement u/S. 161 Cr.P.C.
Muhammad Sarwar s/o Inayat, he has been ascribed Sota blow to injured Mg. Rasoolan Bibi. I have gone through his statement. In the same too no specific injury even to the said lady has been ascribed to him.
5. It is evident from the FIR that both the parties had fired at each other and during the same deceased Rana Qurban Ali and others from both the sides .have sustained injuries.
6. The question of his vicarious liability is to be gone into at trial. His case, therefore, is one of further inquiry into his guilt and so the same is covered under sub-section (2) of Section 497 Cr.P.C.
7. I, therefore, accept this petition and admit him to bail subject to furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees two lacs) with one surety in the like amount to the satisfaction of the learned trial Court.