' MUHAMMAD KHALID ALVI, J.---Petitioner Wali Muhammad alias Bhola seeks bail after arrest in case F.I.R. No,85 of 2007, dated 17-2-2007 under sections 302, 324, 396, 395, 365, 224, 225, 353, 440, 148, 149 & 109, P.P.C. Registered at Police Station Jampur District Rajanpur .
2. The only allegation against the petitioner recorded on the statement of Mehr Zulifqar, A.S.-I. On 18-2-2007 is that the petitioner had transported the accused persons on his Taxi who had committed the offence and are named in the F.I.R.
3. Learned counsel for the petitioner contends that petitioner is not named in the F.I.R. He is behind the bars since 4-5-2007; that he is a Taxi Driver. He is not required to assess the character of a passenger hiring his Taxi, anybody who pays fare reasonably he transports him wherever he wants.
He is. Innocent in the case. He has nothing to do with the main culprits.
4. On the other hand, learned Additional P.-G. Has opposed this application ' by contending that it is the petitioner who actually facilitated the occurrence for the main accused persons.
5. I have considered the contentions of the learned counsel for the parties.
6. Petitioner is not named in the F.I.R. The only role attributed on a statement of one Mehr Zulfiqar, A.S.-I. That he transported the main accused persons to the place of occurrence, even if, believed to be true, cannot form basis for the time being to connect the petitioner with the commission of crime, as there is no evidence that petitioner had any common intention with the mala accused persons. Had he any such intention, he should not have left the place of occurrence and rather would have joined hands with the main accused persons. In these circumstances, his case requires further inquiry. He is accordingly admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned trial Court.