Sardar Muhammad Dogar, J.-Petitioncr seeks bail in the case registered against him and others under Sec. 302/34 P.P.C, at police Station Kamoke, District Gujranwala vide FIR No. 382 dated 19-6- 86.2. According to F.I.R the petitioner had accompanied his co- accused at the time of occurrence, armed with a rifle. However, no allegation has been levelled against him of cither having raised a Lalkara or of having fired at the deceased or the witnesses or even in the air to scare away the P.Ws. Mere presence is the only thing mentioned about him.
3. 'He was in jail in case FIR No. 432/83 since August, 1988. Therefrom his custody was obtained in this case on 12-9-88. Learned Additional Sessions Judge refused to grant him bail considering the fact that he had remained absconding. He had been declared absconder after the completion of proceedings under Section 87/88 Cr.P.C, on 28-12-87. Learned counsel for the petitioner explained that the whole proceedings taken regarding abscondence of the petitioner were ill-placed for the reason that he was arrested in case FIR No.811 registered against him and others under Section 307/148/149 PPC on 6-12-86 at the same Police Station in which he was arrested by the Police of this very Police Station and had remained in jail till 7-1-87 when he was allowed bail. According to him the petitioner was again arrested in another case under Section 307/148/149 PPC vide FIR No. 50 dated 28-1-87 and was released from jail after arrest vide bail order passed on 17-2-87.
Learned counsel contended that arrest of the petitioner in two different cases by the Police of this very Police Station shows that he was available to the Ploice and if the Police had wanted, he could have been arrested in this case as well.
Learned counsel submitted that the fauIt in not arresting the petitioner lies with the Police and not with him.
4. The abscondence of the petitioner, for which learned Addl. Sessions Judge had refused to allow him bail, to a great extent stands explained. In the circumstances, a case for bail appears to have been made out. This petition is, therefore, allowed and the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs.Twenty-five thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala.