' Through this petition Saif Ullah petitioner has sought post-arrest bail in case F.I.R. No,155 registered at Police Station Vanike Tarar, District Hafiz Abad on 24-4-2005 in respect of offences under sections 302/324/34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been noticed by me that admittedly the petitioner was empty-handed during the alleged occurrence and he had not caused any injury to any person during the same. According to the F.I.R. The petitioner had raised only a Lalkara and had done nothing more. A perusal of the F.I.R.
Shows that the complainant party itself had approached the place of occurrence. During the investigation a cross-version of the same incident had been advanced by the accused party of this case and according to the said version it was the complainant party which had aggressed against the accused party and had caused injuries to two persons belonging to the petitioner's party, including the petitioner himself. In the F.I.R. The injuries sustained by the petitioner during the same occurrence had been completely suppressed. Apparently the petitioner was not directly connected with the motive set up in the F.I.R. In these circumstances the question regarding sharing of common intention by the petitioner with his co-accused as also the question regarding his vicarious liability for the offence allegedly committed by his co-accused are questions which surely require further inquiry at this stage within the purview of subsection (2) of section 497, Cr.P.C.
The petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.