Riaz petitioner has moved this petition for bail in a case registered against him and two others under section 302/34 of the PPC.
2.In the occurrence which took place on 7-8-1987 at 6.30 p.m. Ismail deceased suffered a fire-arm injury at the hands of co-accused Khalid as a result of which he died at the spot. The part attributed to the petitioner is that he joined his co-accused Khalid and Shahbaz in raising a joint Lalkara. The petitioner was admitted to bail by the learned Additional Sessions Judge but on an application moved by Shoukat A.I complainant the same was cancelled vide order dated 6-2- -1989.
3. Learned counsel for the petitioner contends that the ground which weighed with the learned Additional Sessions Judge for cancelling the bail was that co-accused Khalid had absconded and his absconsion was sufficient threat to the complainant. It is submitted that the petitioner cannot be punished for the fault of his co-accused. The learned Addl. A.-G. Is not in a position to defend the order of the learned Additional Sessions Judge. He does not oppose the prayers for bail.
4. I have considered `the submissions made at the Bar. In the impugned order no incident has been pointed out from which it could be inferred that the petitioner has abused the concession in any manner. The mere fact that the co---accused of the petitioner had absconded does not constitute any ground for the cancellation of the bail of the petitioner. In the circumstances I admit the petitioner to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C. Jaranwala.
M.Y.H./R-156/L