Rashid Aziz Khan, J.- A case under sections 302/148/149 PPC stands registered against the petitioner and some others with Police Station Bhikhi District Shcikhupura. The petitiner has applied for bail in the said case. According to the prosecution allegation on 18.6.1988 pt 11.30 a.m., the first informant was present at his Dhari along with some witnesses when co- accused of the petitioner came and told the first informant to clear the watercourse as it was the complainant's tum of water. The first information along with his brother and others started cleaning the water-course and thcrc-after the petitioner armed with a rifle along with others came at the spot. The petitioner raised a Lalkara and asked his co-accused to divert the water to their fields, which was accordingly done. A co-accused of the petitioner started abusing them. Ahmed Ali brother of the complainant asked him not to abuse whereupon co-accused of the petitioners fired at him in consequence of which he fclldown and later on died. The petitioner is alleged to have resorted to ineffective Tiring after the injured had fallen on the groundIt is contended by learned counsel for the petitioner that the petitioner was armed with a rifle but never used the same. Submits that the petitoner is alleged to have fired ineffectively after the commission of murder. Contends that the case of the petitioner is at par with that of his co-accused who had already been released on bail. Petition has been opposed by learned Additional Advocate-General.
2. I have heard the learned counsel and perused the record. The petitioner was armed with a rifle but never used the same before the deceased was done to death. The learned Additional Advocate-General has not been able to show anything from the record to indicate that the water was diverted to the hnds of the petitioner. Therefore it is yet to be determined whether the petitioner had any motive for the commission of the offence. Since the prosecution story is that the petitioner fired after the deceased was done to death, therefore, the question of the application of section 149 PPC, is yet to be derermined.
For what has been discussed above, I accept the petition and allow bail to the petitioner, provided he furnishes security, in the sum of Rs.30,000/- with two surties, each in the like amount, to the satisfaction of A.C/Duly Magistrate, Sheikhupura.