FALAK SHER, J.- This order will dispose of Criminal Misc. Nos. 3205-B and 3376-B of 1993 of Abbas Ali alias Bhakhu and Anwar Ali Gill respectively seeking bail in the case registered vide FIR No.369 of 28.8.1992 under sections 302/324/148/149/109 PPC at police station Factory Area, Sheikhupura alleging launching of assault by a mobile armed unlawful assembly comprising 10 persons namely Riffat Hayat, Shujaat Hayat, Anwar Ali petitioner, Manzur alias Jhuri son of Ghulam Muhammad, Dost Muhammad, Ghazanfer, Manzur son of Shah Muhammad, Faqir Muhammad, Uaqat Ali and Muhammad Akram equipped with kalashnikovs, rifles etc., having conspired with co-accused Sajawal around 9.45 p.m. At the complainant's office situated in Ahmad Colony, Lahore- Sheikhupura road pursuant to landed controversy, Riffat Hayat Pioneering the assault fired kalashnikov burst landing on Nazir Shah and Aman Ullah who collapsed on the ground subsequent whereto Anwar Ali Gill petitioner's kalashnikov shot connected Sajjad Ahmad alias Bhutto who as a consequence whereof succumbed to the injuries on the spot while that of Manzur alias Jhuri son of Ghulam Muhammad damaged the office window panes whereafter the assailants under i.e cover vanished away while Nazir shah expired endoute to Civil Hospital.
2. Contending that Abbas petitioner is neither named in the FIR nor any overt act has been ascribed to him and has been subsequently roped in during the course of investigation on the basis of alleged extra judicial confession; nor any incriminating article has been recovered from him nor has even been summoned by the trial Court in the complainant's private complaint on the same count and has already suffered incarceration of over one year; factum whereof remained uncontroverted by the learned counsel appearing on behalf of the State as well as the complainant.
3. While Anwar Ali Gill petitioner reportedly a practicing Advocate is alleged to have been falsely involved for having appeared against business partner of the complainant in another murder case, all the named accused having been opined the be innocent by the investigating agency save for the petitioner, has rendered the set out prosecution case amenable to doubt; which was vehemently opposed by the learned counsel for the State as well as the complainant reiterating the prosecution story.
4. Having considered the arguments canvassed at the Bar I am of the opinion that specific attribution of fatal shot to Anwar Ali Gill petitioner qua Sajjad Ahmad deceased constitute reasonable grounds for believing his involvement in the offence charged falling within the prohibition contemplated by section 497(1) Cr.P.C, renders him disentitled to the sought for concession.
Conversely, the situation, is in the reverse qua Abbas Ali alias Bhakhu petitioner being neither named in the FIR nor any role has been ascribed to him, which prima facie constitute sufficient grounds for further enquiring into his involvement in the offence charged.
5. Consequently, declining bail to Anwar Ali Gill, Crl. Misc.3376-B/93 is dismissed while granting Abbas Ali alias Bhakhu's application Crl. Misc. 3205- B/93, is allowed bail upon furnishing bond in the sum of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial Court.