' This is a petition under sections 497/498, Cr. P. C. By Muhammad Ayyub, petitioner, for bail in respect of a case instituted against him and seven others under section 302/307/326/148/149, P. P.
C. At Police Station Akbari Gate, Lahore, on 21st May, 1983.
2. The brief facts of the case are that Muhammad Ikram, co-accused, took possession of Lakhu Pehlwan's shop, which resulted in a criminal complaint filed by the latter at the Police Station. The said Muhammad Ikram, co-accused, suspected that Ehsan Elahi, complainant, and his sons, Sarfraz deceased and Jehangir P. W. Were assisting Lakhu Pehlwan. Accordingly, on 21st May, 1983 at 5-30 p. m. Muhammad Ikram, copaccused, and his three sons, his brother Ashiq and his son (Muhammad Ayub, present petitioner) and two others, all duly armed with a pistol, a hatchet and daggers, attacked the complainant party, causing the death of Sarfraz Khan, deceased, and injuries to Muhammad Rafiq and Muhammad Jehangir P. Ws. It is alleged in the F. I. R. That Muhammad Ikram, co-accused, was armed with a pistol, Ashiq, co-accused, was armed with a hatchet, whereas the remaining six accused (including the petitioner), were all armed with daggers. No overt act is ascribed to Muhammad Ayub, petitioner, at all in the F. I. R.
3. I have heard the arguments of the learned counsel for the petitiOner and the complainant and have also perused the police diary. Muhammad ,Ayyub, petitioner, is not ascribed any overt act at all in the F. I. R. In the investigation earlier conducted by the Assistant Superintendent of Police, he and Ashiq and Naeem, co-accused, were found innocent. However, in the later investigation conducted by the Superintendent of Police, all these persons were found to be guilty and their names were placed in column No, 3 of the challan. Ashiq, co-accused, who was found innocent in the earlier investigation, was allowed bail by my learned brother ljaz Nisar, J., on 3rd August, 1983 in Criminal M. 2002/B of 1983. Notwithstanding the presence of section 149, P. P. C. In this case, the case of the petitioner is at par with that of Ashiq, co-accused. No overt act at all is ascribed to the petitioner in the F. I. R. In these circumstances, Muhammad Ayub, petitioner, is entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Muhammad Ayub, petitioner is released on bail, subject to his furnishing security in the sum of Rupees Thirty Thousand (Rs, 30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, City, Lahore.