1. ' Although Mr. Awan Rehmatullah Nadeem, learned counsel for the applicants does not press for granting of bail to applicant Fouj Ali, but his contention regarding applicant Faqiroo is that admittedly he was not armed with any weapon at the time of commission of the alleged offence.
2. According to the allegations, the two accused along with their accomplice Pahu had committed lurking house trespass at night for the purpose of committing theft in the house of Abdul Razaque, who on seeing applicant Faqiroo grappled with him. In the meanwhile, co-accused Fouj Ali allegedly fired a fatal shot at Lal Bux. The contention of Mr. Awan Rehmatullah Nadeem, is that according to the prosecution case there appears to be no common intention on the part of the applicant Faqiroo to cause death of Lai Bux. There appears to be force in the argument and the case appears to be of further inquiry, as contemplated by section 497(2), Cr.P.C.
3. ' Bail is, therefore, granted to applicant Faqiroo in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.
4. ' The request for bail on behalf of the co-accused Fouj Ali is rejected.