1. ' SHAHID ANWAR BAJWA, J. F.I.R. No,215 of 2010 was recorded at Police Station Gambat for an incident allegedly have taken place on 22-9-2010. The complainant stated that 10 years back earlier one Noor Muhammad Keleri was injured and in that case brother of complainant was challaned but was released on bail by the court. Thereafter the dispute was amicably settled. However the injured carried on the grudge and on the fateful day a group of four persons came, out of those persons, the present applicant is alleged to have instigated others, upon which co-accused persons fired.
2. The fire resulting in death of nephew of the complainant and such F.I.R. Was lodged.
3. ' Learned counsel for the applicant submitted that only allegation against the applicant is of proverbial hakal. He submitted that in F.I.R. It is stated that the applicant was empty-handed.
4. Therefore, there could be no question of even ineffective fixing against the applicant. He submitted that the applicant is innocent and has been falsely involved due to typical local rivalries.
5. ' Mr. Zulfiqar Ali Jatoi learned D.P.G. Opposed grant of the bail application and submitted that the applicant is named in the F.I.R. And had instigated others to commit the crime. He relied upon the case of Mumaras v. The State. (PLD 2009 SC 385).
6. ' I have considered the submissions made by the learned counsel and have gone through the record.
7. ' Case of Mamaras (Supra) is clearly distinguishable. In that case the factual contest was that a public transport vehicle was ambushed by unknown assailants who had come in a motor car and as result of in discriminate firing nine persons had lost their lives. In that case two real brothers were facing trial who asked their third brother to kill one of the star witness and consequently the murder was committed on such instigation. It was in that context that this role was held to disentitle him to grant of bail. The present case is of typical local rivalries and dictum of Supreme Court in case of Abdul Rehman y. Javed and 2 others (2002 SCM R 1415) wherein the applicant had gone with intention to commit crime but had not fired is to the point. Consequently this bail application is allowed and the applicant is ordered to be released on bail on his executing P.R.
8. Bond in the sum of Rs,300,000 (Rupees Three Lac) with one solvent surety in the like amount to the satisfaction of the trial Court.