' The petitioner, who has been arrested in a case registered against him and others, under section 302/34,P.P.C., at Police Station Misri Shah, Lahore, on 5-4-1986, seeks bail on the grounds that there is no eye-witness account against him, that nothing has been recovered from him and that no motive is alleged against him. Bail is also claimed on the ground that Muhammad Saleem, co- accused of the petitioner, whose case is almost at par with the case of the petitioner, has already been admitted to bail by this Court, vide order dated 22-7-1986.
2. Learned counsel for the State has conceded that there is no eye-witness account in this case, that no specific motive has been alleged against the' petitioner and that nothing has been recovered from him. According to him, the co-accused of the petitioner, against whom allegation of having caused the fatal injury to the deceased is leveled, had admitted that the fire-arm had been given to him by the petitioner. Learned counsel also referred to an earlier F.I.R., registered in District Sialkot, that the deceased while being alive in an ailing condition had been brought by some persons including the petitioner to the house of his brother.
3. As is apparent, there is no ocular evidence against the petitioner, nor is there any type of confession, judicial or extrajudicial. The fact that the co-accused had made a statement at some stage that petitioner had given the weapon, he had used, cannot be given much credence at this stage, as it is at the best statement of an accomplice.
4. It is not the case that the deceased was seen alive last in the company of the petitioner, so even if the contents of said F.I.R. Be correct, the deceased while being alive, had reached the house of his brother.
5. In the circumstances, enumerated above, reasonable grounds do not appear against the petitioner of having committed the offence charged of. He is, therefore, directed to be released on bail, on his furnishing a bail bond in the sum of Rs,20,000, with two sureties each in the like amount, to the satisfaction of Assistant Commissioner (City) Lahore.