1. FAISAL ARAB, J.---The applicant is booked in Crime No.8 of 2003, under sections 395, 324, 147, 148, 149, 337-A(i), 337-A(ii), 337-F(v), P.P.C., registered at Police Station Garhi Hassan, District Jacobabad. Applicant was candidate in election. The complainant alleged that he was supporting opposing party of the applicant. It is alleged that on the day of incident, the applicant along with co-accused persons came duly armed with deadly weapons and started firing upon the complainant party with deadly weapons. Only role that has been assigned to the present applicant is that he was present at the site with co-accused persons who fired upon the complainant party.
2. Learned counsel for the applicant states that no active role has been assigned to the applicant and even for injuries that have been caused by other co-accused persons to complainant party, the maximum punishment is five years.
3. Learned counsel for, the State opposes grant of bail on the ground that though no active role has been assigned to the applicant but at his instance other co-accused persons fired upon the complainant party which resulted in injuries. Question of vicarious liability is to be decided only when evidence is recorded. As no active role has been assigned to the applicant, therefore he is entitled to concession of bail. Interim pre-arrest bail granted earlier to the applicant in the circumstances is hereby confirmed on the same terms and surety.