CH. IFTIKHAR HUSSAIN, J. The petitioner is one of the accused in case FIR No. 237/94, dated 3.8.1994 under Sections 302/324/337- F(v)/148/149 PPC. Registered at P.S. Malkwal, District Mandi Baha-ud- Din.
2. The narrative in the FIR is to the effect that the complainant alongwith his brother Shahid Ali Shahzad and one Rifat Abbas were going to their house at about 8.00 p.m. On the night of occurrence. It is alleged that when they reached near the khokha of the petitioner they were attacked by him as well as Amjad Ali, Muhammad Aslam, Zulfiqar, and Amjad alias Jagga, who fired at the deceased as well as the P.WS, with shot-gun and carbines. Shahid Ali Shahzad died as a result of the incident.
3. The petitioner has applied for grant of post arrest bail in the matter. It has been contended on his behalf that the Investigating Agency had given a definite finding that at the time of alleged occurrence, the petitioner was neither armed nor had caused any injury to the deceased or for that matter to any of the P.Ws. It is also contended that there was absolutely no evidence available with the prosecution to connect the petitioner with the commission of the offence. Learned-counsel appearing for the State has stated that the investigation conducted by the police show the contention of the learned counsel for the petitioner to be correct.
4. The petitioner in the final analysis has been found to have not played any active part in the incident which gave rise to registration of the present case. In this view of the matter, the petitioner is allowed bil in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of Assistant Commissioner malkwal.