' The facts leading to the filing of this petition for grant of bail are that a case under section 148/149/302/307, P.P.C. Was registered against the petititoner and nine others with Police Station Saddar, Gujrat, on 6-11-1987. The case was got registered by one Muhammad Aslam with the allegation that on 6-11-1987 while the first informant alongwith Ghulam Hussain and Muhammad Arif was coming to his village, a slight altercation took place between Muhammad Arif and Ghulam Hussain, but the first informant got the matter patched up there and then. They came to their village; when the first informant with the P.Ws. Was sitting on the roof of the house of one Muhammad Afzaal, his cousin, the petitioner alongwith his nine accused came on the roof of the house of Muhammad Arshad. One Muhammad Riaz, co-accused of the petitioner, fired .7 mm rifle hitting Muhammad Ansar, son of the first informant, who died at the spot. Thereafter, all the accused resorted to indiscriminate firing though nobody was injured.
2. It is contended by learned counsel for the petitioner that Muhammad Hayat, petitioner was empty-handed. Submits that the only role ascribed to him is of proverbial Lalkaras. Contends that when nine other persons had come to the spot fully armed, there was no occasion for Muhammad Hayat to be present there empty-handed. The contentions have been opposed by Additional Advocate-General.
3. I have heard the learned counsel and perused the record. It is prosecution's own case that Muhammad Hayat, petitioner was empty-handed. His only role is that he was present with his co- accused and raised the Lalkara. No other overt act is ascribed to him. I am also informed that he is an old person. In A these circumstances, I think the case of Muhammad Hayat petitioner is of further inquiry, which entitles him to the concession of bail. Therefore, the petitioner is allowed bail provided he furnishes security in the sum of Rs,50,000 with two sureties, each in like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Gujrat.