' Vide No, 926, dated 31st of December, 1987, Police Station Malakwal registered a case under section 302 read with section 109, P.P.C. Against the petitioner and the co-accused Yara.
2. According to the said F.I.R. Yara armed with a gun entered the house of the complainant, and fired shot at Rasulan Bibi who succumbed to the injury at the spot. Motive for the commission, as narrated in the F.I.R. Was that sister of Yara had married with Khizar Hayat son of the complainant against the wishes of Yara, therefore, to avenge the said marriage, Yara had murdered Rasulan Bibi. F.I.R. Further reveals, that even prior to this occurrence, Yara and the petitioner had been threatening the complainant side. F.I.R. Further indicates that at the instance of petitioner, Yara had committed this crime.
3. The A.S.I. Present in Court states, that there is no evidence as to the conspiracy against the petitioner. According to A.S.I. The petitioner was not even A present at the time of occurrence.
4. Mr. Shaukat Javed, Advocate for the State vehemently opposes this bail application, and submits, that since the main accused Yara is an absconder, therefore, bail should not be granted to the co-accused viz. The petitioner. I am afraid, that the contention has no force in it, because the petitioner cannot be punished on account of the ascendance of the main accused Yara, and furthermore, bail cannot be withheld as punishment. In this view of the matter, I direct that the petitioner shall be released on bail, provided he furnishes bail bonds in the sum of Rs, fifty thousand with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujrat.