Ghafoor Baig, petitioner being accused in case F.I.R. No. 124 dated 20-8-1994 under section 302, Qisas and Diyat Ordinance read with section 109/34, P.P.C. Registered with Police Station Gunda Singh Wala, District Kasur seeks his post-arrest bail through this petition.
2. According to F.I.R. The petitioner alongwith his co-accused who was, armed with gun went to the shop of Sardar Baig where Abdul Majid and Muhammad Siddique were enjoying T.V. Petitioner raised Lalkara upon which Rustam Baig fired at Abdul Majid and Muhammad Siddique who both died at the spot.
3. In support of the petition, learned counsel argued that only proverbial Lalkara is attributed to the petitioner; as the petitioner was empty-handed, therefore, no active part can be attributed and the fact that one of the co--accused namely Lal Baig has been declared innocent, makes the prosecution story doubtful. It was next contended that the learned Additional Sessions Judge has not appreciated the law laid down in PLD 1989 SC 585 in its true spirit.
4. Learned counsel for the State has opposed the petition. He argued that petitioner is named in the F.I.R. With specific role but admitted that only Lalkara is attributed to the present petitioner. He also contended that as the challan has been submitted in Court, the petitioner is not entitled to the concession of bail.
5. I have heard arguments of learned counsel for both the sides. Admittedly, only proverbial Lalkara is attributed to the petitioner. Respectfully following the law laid down in the case of Nazir Ahmad v.
The State 1993 SCM R 1992 and Rafiq Khan v. The State 1995 SCM R 343 the petitioner is admitted to bail in the sum of Rs. One lac with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Kasur. Copy Dasti.