' TASSADUQ HUSSAIN JILLANI, C.J.---Petitioner and his two brothers were proceeded against in terms of the case registered vide F.I.R. No. 99 dated 3-3-2013 under sections 302/34, P.P.C. At Police Station Kot Radha Kishan, District Kasur wherein it is alleged that on the fateful day and time they having armed themselves with fire-arms attacked the complainant party and resorted to firing as a result of which Liaquat Ali son of the complainant was killed.
2. The motive alleged is that a day prior to the occurrence petitioner was refused an agricultural instrument i.e. Suhaga by the complainant which annoyed him and hence the occurrence.
3. Learned counsel for the petitioner seeks bail on the ground that petitioner is not attributed any injury either to the deceased or to any eye-witness; that petitioner's involvement is a product of mala fides; that all the three brothers have been made accused; that petitioner is in judicial lockup ever-since his arrest and no more required for further investigation.
4. Learned counsel for the complainant and learned Additional Prosecutor-General have opposed the petition. According to them, petitioner had instigated the co-accused; that he was armed at the time of occurrence; that he resorted to firing which did not hit anyone and that he is vicariously liable for murder of Liaquat.
5. Having considered the submissions made, we find that admittedly the petitioner is not attributed any firearm injury either to the deceased or to the eye-witnesses. The deceased received only one firearm injury which is attributed to co-accused Muhammad Imran, A petitioner's brother. In the afc,re-referred circumstances, the question of petitioner's guilt would require further inquiry.
Consequently, this petition is converted into appeal and allowed and subject to petitioner's furnishing bond in the sum of Rs.100,000 with one surety in the like amount to the satisfaction of learned Trial Court he shall be released on bail. Needless to observe, if petitioner misuses the concession of bail in any manner, it would be open for the trial Court to cancel the bail after hearing him.