RANA MUHAMMAD ARSHAD, J.--- A case FIR No. 242/94, dated 22.7.1994 under section 302/148/149 PPC was registered against Bashir, Nazir, Umar Hayat and Zohra at Police Station, Satiana District Faisalabad for causing the murder of Umar Hayat.
2. The petitioner, through this petition, seeks post arrest bail.
3. The brief facts of the prosecution case are; that Nazir and others had murdered Mst. Shamim daughter of the complaint seven years before and she had got a case registered against the accused party. The said accused party also got a case registered against the complainant party for causing the murder of one Zohra. Later on a compromise was effected between the parties and in result of that Nazir and others were acquitted of the charge. Another case was got registered against Nazir and others for causing the injuries to Mst. Sakeena daughter and Ahmed Yar son of the complainant on 22.7.1994 on the exhortation of the petitioner Bashir son of Shamim fired a shot hitting Umar Hayat, deceased, on the back side of his knee, who fell down. The fire was repeated which also struck the deceased. All other accused persons present at the spot resorted to firing.
Umar Hayat succumbed to his injuries while he was being taken to the hospital on the same day.
4. I have heard the learned counsel for the petitioner as well as the learned counsel for the State at a considerable length and have also given my anxious considerations to the facts of the case.
5. The only allegation against the petitioner is that he was present at the place of occurrence and proverbial lalkara. He has not been attributed any overt act during the occurrence and has also not been alleged to have caused any injury to the deceased. Mere presence of the petitioner at the place of occurrence, then do not constitute any offence; long standing enmity also exists between the parties and there is sufficient material on the file to show that the case of the petitioner requires further inquiry and falls under the purview of sub-section (2) of section 497 Cr.P.C.
6. Without commenting upon the merits of the case so that it may not prejudice the case of either party, I admit the petitioner to bail provided he furnishes bail bonds in the sum of Rs. 1,00,000/- (rupees one lac) with one surety in the like amount to the satisfaction of A.G./Duty Magistrate, Jaranwala.