AUSAF ALI KHAN, J.-- A case under section 302/34 PPC, was registered against the petitioner and co-accused with Police Station Haveli Lakha, District Okara on the 1st of September, 1992 at the instance of complainant.
2. The allegation is that while the complainant and his father Pehlwan (deceased) were putting fodder to the cattles, Zaman alias Zamani armed with 12 bore gun, Zulfiqar petitioner armed with sot a and Muhammad Mansha armed with hatchet came at the spot Muhammad Mansha (co- accused) raised Lalkara that they had come to take revenge of murder of their brother Muhammad Amin, whereupon Zaman co-accused fired with his 12 bore gun which hit Pehlwan deceased in front of left side of his chest and succumbed to the injury there and then.
3. Admittedly the petitioner had neither instigated his co-accused Zaman to open fire nor he had caused any injury to the deceased or any other witness. No overt act is attributed to him. His simple presence with co-accused unaccompanied by any criminal act makes out a case of further enquiry into the guilt and possibility is not precluded that he may not have accompanied his co- accused. The question of vicarious liability shall be determined at the time of trial. In the circumstances, I admit the petitioner to bail subject to his furnishing bonds in the sum of Rs.50,000/- (rupees fifty thousand only) with two sureties in the like amount to the satisfaction of the trial Court. This order shall not prejudice the trial Court while deciding the case on merits.