' M.A. SHAHID SIDDIQUI, J.---Muhammad Yaqub petitioner seeks post-arrest bail in a case F.I.R.
No,310 of 2004 dated 4-7-2004 under sections 302/452, 34, P.P.C. Registered with Police Station Dera Rahim, District Sahiwal.
2. As per F.I.R. The occurrence took place on 4-7-2004 at about 5-00 p.m. Muhammad Ikram complainant his father Khan Muhammad, brother Muhammad Aslam, mother Mst. Suraya Bibi and uncle Muhammad Jaffer were busy in conversion while sitting in the courtyard of the house of the complainant at the relevant time. Allegedly Rasheed Ahmad his brother Abdul Ghafoor made their way into the house of the complainant. Muhammad Maqbool was armed with a gun while the remaining accused including the petitioner were carrying .222 bore rifle. The present petitioner raised a Lalkara that anyone who step forward would be killed. Muhammad Maqbool accused fired with his gun hitting Khan Muhammad on his chest. The motive for the offence is that Muhammad Maqbool accused suspected that complainant brother Muhammad Jaffer carried illicit intimacy with his sister Mst. Zaiba. The matter was reported to the police and during the investigation of the case Sarfraz Gillani S.H.O. Police Station Dera Rahim found that all the accused except Muhammad Maqbool were innocent.
3. While pressing the release of Muhammad Yaqub it is argued that he has been found innocent during the investigation of the case and he has not caused any injury to the deceased.
4. While opposing the bail application learned counsel for the complainant has argued that Sarfraz Gillani S.H.O. Was not competent to investigate this case, as such the findings of the innocence recorded by him is of no consequences.
5. I have heard the learned counsel for the parties and perused the record. The petitioner happened to be a relative of Muhammad Maqbool the principle accused, who has not caused any injury to the deceased and only allegation against him is that he has raised a lalkara. The possibility of his false involvement in the case cannot be ruled out. In these circumstances, I accept this petition and release .The petitioner on bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (one lac) with one surety in the like amount to the satisfaction of the learned trial Court.