LJAZ NISAR, J.- Gul Muhammad petitioner along with i.e others stands charged with the murder of Nazir deceased taking place with a firearm on 12.3.1993.
2. The motive for the offence was that Shaukat Ali complainant had constructed a house on Shamlat Deh. Mehar Ali co-accused wanted to forcibly occupy it. A day before the occurrence, there was an exchange of abuses between Shaukat Ali complainant and Mehar Ali.
3. On the day of occurrence, Shaukat Ali complainant and his cousin Nazir deceased were proceeding towards the said under construction house and when they reached near the house of Arif Ali, the petitioner and his companions carrying firearms challenged them. On the Lalkara of Mehar Ali co-accused, Talib Hussain fired a gun shot at the deceased which proved fatal.
4. Bail for Gul Muhammad petitioner is sought on the grounds that he has been implicated falsely on account of his relationship with Mehar Ali; that in the F.I.R, no injury to the deceased is attributed to him and further that no recovery was made from him.
5. Learned counsel for the State has opposed the grant of bail to the petitioner. According to him, the complainant had made a supplementary statement on the same day alleging that the petitioner and his co-accused had also given butt injuries to the deceased and in the post- mortem report, blunt weapon injuries were noticed on the person of the deceased. It is further stated that his case is at par with Mehar Ali who had been declined bail by this Court on 5.10.1993 (Crl. Misc. No.3505-B/1993). It is added that he was also having a motive against the deceased being related to Mehar Ali.
6. After the investigation, the police got dis charged Ijaz to whom similar allegations as the petitioner were levelled. Muhammad Yousuf another accused was also got discharged. Mehar Ali had been declined bail on the ground that he was directly connected with the motive. The case of the petitioner is distinguishable from him because his connection with Mehar Ali is not mentioned in the F.I.R. According to the F.I.R., it was Talib Hussain who gave the fatal injuries to the deceased. In effective firing, after the deceased had been hit, is attributed to the petitioner.
7. Keeping in view the above circumstances, it appears to be a case of further inquiry. Accordingly, he is admitted to bail in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.