' MAZHAR HUSSAIN MINHAS, J.--- Petitioner is seeking post-arrest bail in case F.I.R. No,133 dated 12-3- 2006 under sections 302/34, P.P.C. Police Station Rohillanwali District Muzaffargarh.
2. Allegation against the petitioner is that on 12-3-2006 at about 11-30 a.m. He armed with Saryia along with his co-accused armed with .30 bore pistol attacked Abdul Latif brother of Muhammad Siddique complainant and committed his Qatl-i-amd near the house of Hafiz Rabnawaz cawing injuries with their respective weapons. Petitioner inflicted Saryia blows to Abdul Latif on different parts of his body while co-accused. Ahmed Din fired the pistol shots hitting on his chest, left arm and flank. Motive for the occurrence is that Abdul Latif deceased forbade the accused from removing earth from his land.
3. Arguments of learned counsel for the petitioner and learned D.P.-G for the State have been heard and record perused.
4. Perusal of the record shows that the petitioner is named in the F.I.R. And is attributed Saryia blows to Abdul Latif deceased on his left arm and other parts of the body, but no blunt weapon injury has been found on the person of deceased except a lacerated wound 5 c.m. x 3 c.m. On right foot near the heel. All the, remaining injuries are fire-arm injuries which are attributed to co-accused Ahmad Din. Doctor has opined in the post mortem report that the death occurred due to the firearm injuries and the blunt weapon injury has not been declared contributory to the death. In these circumstances, possibility of false involvement of petitioner being real brother of principal accused cannot be ruled out and the question of his sharing common intention or -vicarious liability for commission of the offence requires further. Probe. The petitioner is behind the bars for more than two years but so far not a single witness has been examined by the prosecution. Hence the application is allowed and he is ordered to be released on bail in the sum of Rs,100,000 (one lac) with one surety in the like amount to the satisfaction of learned trial Court.