' A case under section 302/34, P.P.C. Was registered with Police Station Saddar, Okara on the 26th of April, 1992, against the petitioner and others, at the instance of complainant Sultan alias Suleman.
2. On the 28th of April, 1992 at about 5-45 p.m. The complainant was present in the house of Nazir alongwith his son Mumtaz and Rafique, that suddenly Qadir petitioner and his brother Khadim carrying .12 bore guns alongwith their mother Mst. Zohra emerged at the door of the house. Khadim went upstairs and from the roof fired from his gun which hit right upper arm and left flank of Mumtaz and also injured right hand of Rafique. Before this, the petitioner and Mst. Zohra had exhorted their co-accused (Khadim) to teach a lesson to Mumtaz deceased for insulting him.
3. Learned State counsel wants this Court to refuse relief to the petitioner on basis of vicarious liability as was done by the learned Additional Sessions Judge, Okara. I am, however, inclined to agree with the contention of the learned counsel for the petitioner that is a fit case for bail. The only role attributed to the petitioner is that he had raised Lalkara for which there was hardly any necessity. Only Khadim accused had the motive against the deceased and, therefore, he did not require any exhortation specially when he was armed with gun. The petitioner though allegedly holding gun had not used it. Further Mst. Zohra, who also shared similar role of Lalkara, had already been admitted to bail by the learned Court below, and quite rightly. I, therefore, admit the petitioner to bail subject to his furnishing bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/Illaqa Magistrate, Okara.