' Muhammad Latif petitioner along with 10 others is charged with the murder of Muhammad Iqbal deceased and for murderously assaulting Faqir Muhammad, Abdul Hafiz and Faiz Muhammad P.Ws. With fire-arms on 26-10-1988.
2. The motive for the offence was that a day before the occurrence Muhammad lqbal deceased had got a case registered against Muhammad Latif petitioner, Mushtaq, Ishtiaq and Mumtaz etc. Under section 148/324/336/149, P.P.C. For cutting maize crop from his fields and subjecting them to beating on preventing them from doing so.
3. The petitioner and his companions are alleged to have attacked the complainant party when they were sitting near the main gate of the house of Muhammad Siddique. The deceased was allegedly fired at by Arif and Ashiq co-accused. The petitioner is alleged to have fired at Abdul Hafiz P.W. On his thigh.
4. Bail is sought on the ground that no injury to the deceased is attributed to the petitioner and only simple injuries to Abdul Hafeez P.W. On a non-vital part of the body are attributed to him, that he has been involved being a close relative of Arif and Ashiq accused to whom fatal injuries are attributed.
5. Learned counsel for the State and the complainant have opposed the bail. According to them he is vicariously liable for the act of his co-accused. They further contend that an active role in the occurrence is attributed to him.
6. The petitioner is not alleged to have fired any shot at the deceased. He allegedly fired at a P.W.
After the deceased had fallen. The injuries suffered by Abdul Hafeez at his hands were simple in nature and were on a non-vital part of the body. He is behind the bars since 4-11-1988. There is a background of enmity between the parties.
' In these circumstances, 1 admit him to bail in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of A.C., Sheikhupura.