' This is an application for grant of bail to Akhtar Hussain alias Qulla petitioner in case under section 302/307/148/149, P.P.C. Registered at P.S. Factory Area, Lahore vide F.I.R. No,372/86 dated 20-12-1986.
2. The prosecution case is that the petitioner and others launched murderous assault and caused the death of Javed lqbal and also one of their companions Muhammad Jamil in the area of main bazar Chungi Amar Siddhu, P.S. Factory Area, Lahore. As far the petitioner it has been alleged that he was armed with a revolver and shouted that they will not only get the shop vacated but will also not spare the complainant and others.
3. Learned counsel for the petitioner submits that the petitioner did not cause any injury to the deceased; that the story of the prosecution that the petitioner's party had killed Muhammad Jamil one of their companions in the occurrence is false; that the counter case with-regard to the murder of Muhammad Jamil has been registered against Muhammad Iqbal complainant, his son Javed Iqbal deceased and others. Conversely, the learned counsel for the State has opposed this application.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that according to the F.I.R lodged by Muhammad Iqbal, father of the deceased, the petitioner althoug armed with a revolver had not caused any injury to Javed lqbal an that Javed Iqbal was murdered by a companion of the petitioner; that Muhammad Jamil one of the companions of Akhtar Hussain petitione was also killed during the occurrence and that a counter case ha A been registered against Muhammad Iqbal complainant, Javed Iqba deceased and others for the murder of Muhammad Jamil and tha Javed Ashiq and Gulshan, the two eye-witnesses of the occurrenc mentioned in the F.I.R. Have stated in their statements recorde under section 161, Cr.P.C.
That the petitioner was not present on the spot at the time of occurrence.
' For what has been said above, I feel that a case for grant of bail to the petitioner has been made out. He is, therefore, allowed bail in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Model Town, Lahore.