' Muhammad Khan petitioner has moved this petition for bail in a case registered against him and another under section 302/34, P. P. C.
' The F. I. R. Version is that on 20th December, 1983 at 11-30 a. m. Muhammad Akram deceased and his father Ahmad complainant were cutting grass from their field when Muhammad Khan petitioner empty-handed and his brother Nasrullah alias Nasra armed with Barchha came out raising lalkaras that they would teach a lesson for defaming their father. Muhammad Khan petitioner took the complainant into his hold while co-accused Nasra gave a Barchha blow to Muhammad Akram on his neck, as a result of which he died at the spot. The motive alleged in the F.
1. R. Is that Dosa, father of the petitioner, had illicit relations with one Mst. Sultan Bibi. On the preceding night he came to her house but the complainant and the deceased challenged him, upon which he started running. They apprehended him in the street and admonished him.
2. The learned counsel for the petitioner contends that the petitioner was found innocent during the investigation and the only allegation against him is that he caught hold of the complainant, therefore, he is entitled to the concession of bail. The learned counsel for the State has opposed the prayer. He states that the petitioner is named in the F.
1. R. And a specific role has been attributed to him.
3. 1 have gone through the relevant material. According to the F.
1. R., the petitioner was empty-handed. The only allegation against him is that he took the complainant into his hold. Perusal of the police tile shows that he was found innocent by an officer of the rank of D. S. P. A and shown in column No, 2 of the challan. In the circumstances, a case for his enlargement is made out. Consequently, I admit him to bail in the sum of Rs, 25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Bhalwa.l.