The petitioner alongwith eight others allegedly attacked Muhammad Arshad (deceased) on 21-5- 1989 at Chahwaila in the area of village Baherwal Police Station Kharian and as a result of a fire- shot attributed to Muhammad Akram co-accused he was grievously injured and later died in the hospital after about a week. Therefore, a case which was initially registered under sections 307 and 148/149, P.P.C. Was later converted into sections 302 and 148/149, P.P.C.
2. It is argued on behalf of the petitioner that he is attributed ineffective firing and that too after the deceased had fallen on the ground and he has been falsely implicated in this case as a result of party friction in the village. There is no motive against the petitioner, the learned counsel adds.
3. The application has been opposed on behalf of the State on the ground that a .7 mm rifle has been recovered from the petitioner and he participated in the occurrence by resorting to firing alongwith other co-accused.
4. It is an admitted position that the deceased suffered only one fire-arm injury and that is attributed to Muhammad Akram co-accused. The allegations against the petitioner are that he resorted to ineffective firing during the course of occurrence. It may not be correct. He is, therefore granted bail if he furnishes bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Kharian.
S.A./E-17/L