' The petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No,6/94, dated 13-1-1994 under section 302/457/380/34, P.P.C. At Police Station Umar Kot, District Rajanpur.
2. Brief facts of F.I.R. Lodged by Abdul Ghafoor are that when the light went off due to load-shedding he went to the cattleshed, and saw, in the torch light that two of his goats were missing and that these had been taken away as a result of commission of theft. He raised alarm and found All Murad taking away these goats. He was chased but he reached the peter-engine of his cousins Nawaz and Pandhi, who both were sitting there armed. The complainant's brother Ghulam Shabbir tried to apprehend All Murad but Pandhi fired at him. The shot hit him on the chest. He fell down.
Muhammad Nawaz threatened if anybody came near, he would also meet with the same fate and that the accused went away to their houses taking along their respective arms.
3. It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally false and he has been maliciously involved for ulterior consideration; that in point of fact there is political enmity between the petitioner and the complainant families and the complainant party finding an opportunity have involved the petitioner to satisfy his vengeance.; that the stealing of goats is a concocted story and the petitioner had nothing to do with such an occurrence; that the petitioner is not attributed for causing any injury to the deceased as a result of which the deceased succumbed to the injuries; that it is a case of further enquiry for ascertaining into the guilt and request for grant of bail to the petitioner.
4. The contentions raised are opposed by the learned State counsel.
5. I have heard the arguments and gone through the file. The petitioner is not attributed for causing any injury to the deceased. The prosecution story as alleged in F.I.R. That Ghulam Shabbir deceased received gun shot while apprehending Ali Murad accused-petitioner is not believable, because had he been there, the saviour of Ali Murad from gun shot was impossible. Vicarious liability can be determined after recording of the evidence. This makes the case doubtful and that of further enquiry. This being the position, the petitioner is admitted to bail subject to furnishing his bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Rajanpur.
6. The observations made in the above order shall not affect the merits of the case.