' Being named as accused in case F.I.R. No,64, dated 3-3-1993 registered at Police Station Hujra Shah Muqeem, District Okara under Section 302/148/149 P.P.C. Faqeeria petitioner has made this application under section 497/498 Cr. P.C. for admitting him to bail pending the decision to the case against him, the same request having been refused to him by the learned Addl. Sessions Judge, Depalpur.
2. The brief facts of this case as given in the F.I.R. are that on 3-3-1993 at 2 p.m. Ghulam Muhammad complainant alongwith his sons Muhammad Ramzan, Muhammad Iqbal and Muhammad All was on his way back home and when they passed by the dhari of Faqeeria, the accused who had way laid them emerged Faqeeria petitioner and Muhammad Sharif accused were armed with hatchet. Mehar Din, Muhammad Hassan, Muhammad All were armed with sotas, Ashiq was armed with 12 bore gun. Arif was armed with sota. Faqeeria raised Lalkara to kill Muhammad All son of the complainant who was going ahead of them. Thereupon Ashiq Hussain fired at Muhammad All hitting nim on his left flank Muhammad Hussain gave sota blow to the deceased. The victim fell down. When the complainant tried to rescue the victim, Faqeeria inflicted hatchet blow to Iqbal, another son to the complainant, hitting him on his head. Sharif also gave hatchet blow to Muhammad Ramzan on his head. Mehar Din, Arif, Muhammad and Muhammad Hussain gave sota blows to the complainant and his sons Muhammad Ramzan and Muhammad Iqbal. Muhammad All died at the spot.
' The motive behind the occurrence was that on amount of compensation which the complainant's daughter received following the death of her husband in police custody and the accused wanted to grab the said amount of the compensation.
3. It is submitted by the learned counsel for the petitioner that no injury to the deceased is attributed to the petitioner and he is allegedly attributed the role of raising lalkara and also causing simple injures to Muhammad Iqbal P.W. with sharp edged weapon. It was further argued that during investigation of this case the petitioner and his co-accused Mehar Din have been found empty handed that at the spot by the Investigating Officer and, therefore, his case is at par with that of Mehar Din who has already been released on bail by this Court vide Cr.Mise. No, 2475-- B of 1993 on 17-7-1993.
4. This application was opposed by the learned counsel appearing on behalf of the State on the ground that the injuries attributed to the petitioner having been caused to Iqbal P.W. are grievous in nature and he is also vicariously liable for the murder of the deceased, is therefore, not entitled to be released on bail.
5. I have given my earnest consideration to the arguments advanced by both sides and have also gone through the material placed on record very minutely. From the perusal of the F.I.R and other material it is clear that the petitioner has not caused any injury to the deceased. There is an allegation against him that he caused injuries with hatchet upon Muhammad Iqbal P.W. but I find that according to the medico legal report of Muhammad Iqbal which has been placed on the record, there are about seven injuries on the person Muhammad Iqbal, out of which two have been stated to be caused by blunt weapon and the nature of the injuries has not been given by the doctor.
6. I have also gone through the report submitted by the police under section 173 Cr.P.C. wherein it is stated that he was found empty handed at the place of occurrence. The case against the petitioner not wholly, but to some extent is, at par with the case of Mehar Din co-accused who has since been released on bail by this Court.
7. Relying upon the Rule of consistency and in view of the facts and circumstances of this case I direct that the petitioner shall be enlarged on bail if he furnishes bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of A.C. Dipalpur.