MUHAMMAD ANWAARUL HAQ, J.---Khalid Ali petitioner by way of the instant petition has sought his post arrest bail in case F.I.R. No, 536 of 2009, dated 15-7-2009 under sections 302, 34, P.P.C., Police Station Liaqat Abad, Lahore.
2. Learned counsel for the petitioner contends that no specific role is attributed to the petitioner and whatever role is attributed to him is collectively attributed to his co-accused as well, who has already been exonerated during the investigation; that petitioner is behind the bars without any progress in trial and the petitioner is previous non-record holder in any criminal case and that he is entitled to the concession of bail.
3. On the other hand, learned Deputy Prosecutor-General while opposing this petition contends that petitioner is nominated in the F.I.R. and he is vicariously liable for the act of his co- accused who had caused fatal injuries to the deceased. She, however, after consulting the record confirms that no specific injury is attributed to the petitioner and petitioner is not a previous criminal record holder.
4. Arguments heard. Record perused.
5. I have noticed that according to the F.I.R. petitioner along with his brother And Ali (declared innocent during the investigation) is alleged to inflict only fist blows to the deceased and post- mortem report reflects all injuries caused by sharp-edged weapon except two simple injuries by blunt weapon and these two as per contents of the F.I.R. are collectively attributed to the present petitioner and his brother Arif Ali who has already been granted bail by the Trial Court. In these circumstances, possibility of the petitioner's false involvement being real brother of the principal accused cannot be ruled out and question of his sharing common intention and vicarious liability requires further probe. Petitioner is behind the bars without any progress in trial and learned counsel for the petitioner states that even charge has not been framed in this case. In these circumstances, I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs,2,00,000 (Rupees two lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.
6. It is, however, clarified that observations made herein above are just tentative in nature and strictly confined to the disposal of this bail petition.