' Munawwar alias Nikka son of Bagh Din petitioner has moved this petition for bail in a case registered against him and others under sections 148, 302 and 307/149, P.P.C.
2. The brief facts of the prosecution case are that on 9-12-1988 at 6 p.m. Ghulam Rasul and his son Muhammad Ashraf P.W. Were selling clothes on a Rehri in Landa Bazar, Kasur, when Ashraf alias Shida, Salamat, Jamshed and Ghulam Hussain came there. Ghulam Hussain picked up a sweater without paying its price.
' Muhammad Ashraf demanded the price, upon which all the four abused him. The complainant, Muhammad Mansha, Muhammad Aslam deceased and Shafiq Ahmad admonished them, upon which they left the place hurling abuses and giving threats that they would avenge the insult. On 10-12-1988 at 11 a.m. Ghulam Husain, Bhola son of Anwar, Salamat and Shafqat Ejaz armed with Chhuris, Liaqat alias Bhola, Munawwar son of Ghulam Nabi, Rafaqat Ashraf alias Sheda, Munawwar alias Nikka petitioner and Akbar Shah armed with Dandas came there raising Lalkaras. Liaqat and Ashraf held the deceased by his arms while Ghulam Hussain and Salamat gave him one Chhuri blow each on the abdomen. Akbar Shah took Mansha P.W. Into his hold and Shafqat Ejaz alias Nikka gave him a Chhuri blow in the abdomen. Bhola son of Nur gave a Chhuri blow on the buttock of Shafiq and another Chhuri blow to Muhammad Ashraf. The petitioner gave a Sota blow on the nose of aforesaid Ashraf. The complainant stepped forward to rescue him but Ashraf alias Sheda gave him a Danda blow on the head and Rafaqat gave him a Danda blow hitting his ear. The injured persons were taken to Civil Hospital, Kasur, but on reaching there Muhammad Aslam succumbed to his injuries.
3. Learned counsel for the petitioner contends that the petitioner was not involved in the earlier incident and obviously had no motive to join hands with those who had picked up a quarrel with the deceased a day earlier. It is further submitted that no injury to the deceased has been attributed to the petitioner and the only allegation against him is that he caused a simple injury to a P.W. The learned State counsel has opposed the prayer for bail.
4. 1 have considered the submissions made by the learned counsel for the parties. Admittely, the petitioner was not involved in the earlier incident and is not shown to have any motive against the deceased. He did not cause any injury to the deceased and the only allegation against him is that he caused a simple injury to Muhammad Ashraf P.W. With blunt weapon. In the circumstances, I feel inclined to the view that a case for his enlargement is made out. I, therefore, admit him to bail in the sum of Rs,50,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Kasur.