1. Applicant Sharif alias Muhammad Sharif is involved in Crime No,23 of 2002 registered at Police Station Johi, under sections 302, 34, P.P.C: for allegedly causing murder of Muhammad Ibrahim, It is contended by the learned counsel for applicant that no overt act has been attributed to the applicant, he was merely present alongwith assailant Khalid who has been ascribed the specific role of causing murder of the deceased.
2. While relying upon the case of Faraz Akram v. The State 1999 SCM R 1360, learned State Counsel does not oppose the grant of bail stating that the applicant in the instant case was empty-handed and did not actively participate -in the commission of crime.
3. Arguments advanced at the bar have been considered.
4. Bare perusal of F.I.R. makes it abundantly clear that the applicant was empty-handed. Admittedly he did not take active part in the commission of murder. Specific role has been attributed to co- accused Khalid, who is alleged to have fired upon the deceased. So far as the question of vicarious liability of the applicant is recorded, it is to be evaluated after the evidence' is recorded. At the moment case of applicant falls within the ambit of further inquiry as contemplated under section 497, Cr.P.C.
5. For above reasons, applicant Sharif alias Muhammad Sharif is granted bail subject to his furnishing surety in the sum of Rs,2,00,000 (Rupees Two Lacs only) and P.R. Bond in the like amount to the satisfaction of trial Court.