ORDER KHIZAR HAYYAT, J.- This is a petition for granting bail to Umar Din, petitioner, who stands arrested since 23.2.1993, in case FIR No.27/93 dated 18.2.1993, under section 302/148/149 PPC, registered at Police Station Wando, District Gujranwala, at the instance of Muhammad Ashraf, brother of Muhammad Aslam and Muhammad Asghar, deceased in this case.
2. According to the prosecution, Umar Din, petitioner, had abused the women-folk of the complainant. The complainant party in order to launch protest against the conduct of Umar Din went to the Have of Ghulam Hussain, where a Punchayat was held to sort out the said incident.
During the proceedings, it is alleged, the petitioner raised a Lalkara instigating his nephews that the persons who have come to protest against his conduct be killed. In pursuance of the Lalkara, Muhammad Ashraf fired a shot with his 0.12 bore gun at Asghar who fell dead. Muhammad Aslam, the other deceased went upstairs in order to capture the murderer Muhammad Ashraf but the latter fired another shot and killed Muhammad Aslam as well on the repeated Lalkara of Umar Din, petitioner.
3. The petitioners bail plea was declined by the lower court, hence this petition.
4. I have heard learned counsel for the petitioner as well as for State and also perused the record.
5. The role attributed to the petitioner is one of proverbial Lalkara. Admittedly he was empty handed at the time of occurrence. He did not cause any injury to either of the deceased. It may be mentioned that earlier I had allowed bail to Muhammad Akhtar and Muhammad Amjad co- accused of the petitioner (in Cr. Misc.No.3439-B/93) who were attributed similar role. In the circumstances, applying the rule of consistency and also minor role attributed to the petitioner, I feel inclined to allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of A.C/Duty Magistrate Gujranwala.
6. Learned counsel for the complainant has pointed out that challan in the case has since been submitted, therefore, a direction be given to the trial Court for concluding the trial expenditiously.
Ordered accordingly.