' MUHAMMAD NAWAZ BHATTI, J.---Petitioner has sought his post-arrest bail in case F.I.R. No,28 of 2005 dated 25-1-2005 registered under sections 302/ 324/34, P.P.C. At Police Station Saddar Kehror Pacca, District Lodhran.
2. Precisely the allegation against the petitioner as per prosecution story is that he along with Amir co-accused went to the house of victim with pre-meditation where his co-accused committed the murder of Zulfiqar and later on at his pointation the cycle which they had taken from the house of deceased was recovered.
3. Learned counsel for the petitioner submits that there is un-explained delay of 17/18 hours in lodging the F.I.R.; that there was no eye-witness of the alleged occurrence; that co-accused Muhammad Iqbal and Muhammad 'Hussain alias Allah Ditta have been exonerated by the complainant and the petitioner Implicated through supplementary statement. No overt act is attributed to the petitioner nor any motive has been attributed to him.
4. On the other hand learned counsel appearing on behalf of the State vehemently opposed the bail and submits that specific role has been attributed to him and recovery of cycle has been effected from his possession.
5. I have heard learned counsel for the parties and carefully perused the record. It appears from the perusal of F.I.R. That petitioner is not nominated therein and he was, later on involved, even then no overt act has been attributed to him and allegation against him is only of presence at the spot.
The question of vicarious liability will be determined during the trial. Petitioner is behind the bars since 24-4-2005. Investigation in the case is complete, challan has been submitted in the Court of competent jurisdiction for adjudication of trial on 17-5-2005.
6. For what has been discussed above the petitioner is allowed bail in the sum of Rs,2,00,000 (Rupees two lac only) with two sureties in the like amount to the satisfaction of learned trial Court.