' TASSADUQ HUSSAIN JILLANI, J.---Petitioner seeks bail in a case registered vide F.I.R. No, 86 dated 26-2-2009 under sections 302/ 364/324/148/149, P.P.C. At Police Station City Toba, District Toba Tek Singh.
2. The prosecution story briefly stated is that on the fateful day and night the accused named in the F.I.R. Armed with firearms, attacked the complainant party, in consequence of which, four persons lost their lives at the spot and one Adnan (injured) succumbed to the injuries and died later.
3. Learned counsel for the petitioner seeks bail on the ground that petitioner is not named in the F.I.R. And that the role attributed to him is that of abetment; that the co-accused similarly placed have been allowed bail and the rule of consistency would require that he also be granted bail. He further submitted that despite a lapse of almost two years, the trial has not concluded and in fact so far not a single witness has been examined.
4. Learned counsel for the complainant assisted by learned Additional Prosecutor-General opposed the petition by submitting that petitioner was named in the supplementary statement got recorded by Adnan injured who died later, the very next day and attributed the specific role of firing at the latter. They submit that the trial has commenced and statements of nine witnesses have been recorded but they could not be cross-examined on account of non-availability of learned counsel for the accuses.
5. Having heard learned counsel for the parties at some length, we find that petitioner is specifically named by one of the victims of the assault who succumbed to the injuries and died later. His case, therefore, is distinguishable from that of the one's who have been allowed bail. We also find that as per report of the Trial Court, the trial has commenced and nine witnesses have been examined. In the afore-referred circumstances, we do not find it a fit case for bail. The petition lacking in merit is accordingly dismissed and .