' A case under section 302/34, P.P.C. Stands registered against the petitioner and some others with Police Station Model Town, Gujranwala, vide F.I.R. Dated 5-8-1988. The allegations as contained in the F.I.R. Arc that on 4-8-1988 at about mid-night the first informant alongwith his brother Muhammad Tufail, and some others were sitting in their house when the petitioner alongwith others came there bringing a cot. Muhammad Tufail, brother of the first informant, abused Muhammad Yaqoob co-accused of the petitioner saying that he knew that the accused side had stolen his cot. In return the petitioner and his co-accused also abused Muhammad Tufail and after leaving the cot ran away. They were followed by Muhammad Tufail and others as well. After a short chase, Muhammad Tufail, brother of the first informant, was able to hold Muhammad Yaqoob in his clasp, whereupon the petitioner and his co-accused caught hold of Muhammad Tufail in order to get Muhammad Yaqoob co-accused, released said Muhammad Yaqoob, co-accused, in the meanwhile, took out a knife from the Naifa of his Shalwar and gave two blows to Muhammad Tufail, whereupon he fell down and died. Muhammad Yaqoob was apprehended at the spot.
2. It is contended by learned counsel for the petitioner that the case against the petitioner is not made out at all. Submits that even if the prosecution case is accepted as correct, yet no offence under section 302, P.P.C. Can possibly be made out against the petitioner. The petition has been opposed by learned Additional Advocate-General.
3. I have heard the learned counsel and perused the record. The only role ascribed to the petitioner was that then the deceased Muhammad Tufail had caught hold of Muhammad Yaqoob, co- accused of the petitioner then he along with others caught hold of Muhammad Tufail in order to secure the release of Muhammad Yaqoob. It was Muhammad Yaqoob who when released took out a knife from the Naifa of his Shalwar and gave injuries to the deceased. There is nothing on the record to indicate that the petitioner was aware that his co-accused Muhammad Yaqoob was carrying a knife. ; In these circumstances, I think it is a case of further inquiry, therefore, he is allowed bail in the sum of Rs,30,000 with two sureties each in the like amount, to the satisfaction of Assistant Commissioner Duty Magistrate, Gujranwala.