1. 'NADEEM AZHAR SIDDIQUI, J.--- Granted subject to all just exception.
2. The applicant is facing trial in Crime No,38 of 2005 of Police Station Rustam for offences under sections 302, 324, 452, 427, 147, 148, 149, P.P.C.
2. ' The allegations against the applicants is that he was the member of party who murdered Atta Muhammad and the allegation against the applicant is firing in the air.
3. ' The applicant has moved bail application before the trial Court which was dismissed on 31-3- 2006 on the ground that accused came inside the house of the complainant duly armed with weapons and they were prima facie involved in the capital charge.
4. ' Learned counsel for the applicant has contended that no overt act has been attributed towards the applicant and there is no allegation of firing and causing any injury to the deceased against the applicant. He further submits that mere presence of applicant is not enough to disentitle him from concession of the bail.
5. ' On the other hand Mr. Mushtaque Ahmed Kourejo, learned State counsel has conceded grant of bail on the ground that no overt act has been attributed towards the present applicant.
6. ' From the F.I.R. The only allegation against the applicant is his presence at the time of murder and firing in the air and no other overt act has been attributed towards the applicant.
7. ' In the F.I.R. Was alleged that the applicant was armed with gun but not caused any injury to the deceased. The presence of the applicant at the place of Wardat and his role in the commission of the murder of the deceased will be decided at the stage of trial. Since the only allegation against the applicant is his presence at the place of Wardat and firing in the air, the case requires further inquiry into the guilt of the applicant. Case also requires further inquiry with regard to determine the vicarious liability and sharing common intention of the applicant with the other accused.
8. ' From the above allegation it appears that there are no reasonable grounds for believing that the accused is guilty of an offence falling under prohibitory clause of section 497, Cr.P.C.
9. ' I, therefore, allow this bail application. The applicant shall be released on furnishing solvent surety in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of trial Court.