' ABDUL SHAKOOR PARACHA, J.---Shafique son of Malla, petitioner, through this petition under section 497, Cr.P.C. Seeks bail after arrest in case F.I.R. No.419, dated 5-10-2006, registered at Police Station Khanqah Dogran, District Nankana Shaib, for offences under sections 302/109/148/149, P.P.C.
Relief of bail has been declined to the petitioner by the learned Additional Sessions Judge, Nankana Sahib, vide orders, dated 23-1-2008, hence this petition.
2. As per F.I.R., allegation against the petitioner is that he while armed with .222 bore rifle in company of his other co-accused formed an unlawful assembly and caused death of Manzil Abbas.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case; that allegedly he did not cause any injury to the deceased; that he was declared innocent during the course of investigation by the police; that he is no-more required for purpose of investigation and is in judicial lock-up for a considerable period.
4. On the other hand, petition for bail has been opposed by the learned Deputy Prosecutor General assisted by the learned counsel for the complainant. They contend that the petitioner is nominated in the F.I.R.; he was member of unlawful assembly and that he along with his other co-accused initiated attack in which Manzil Abbas was murdered.
5. I have heard the learned counsel for the parties and perused the record. Allegedly the petitioner was merely present at the aceneof occurrence; he did not cause any injury to the deceased.
During investigation the petitioner has been declared innocent by the police. Whether the petitioner was member of unlawful assembly and shred the common intention of his co-accused to murder the deceased is a question of further inquiry. The petitioner is behind the bars for a considerable period.
6. In view of above, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court/Duty Judge.