RASHID AZIZ KHAN, J. - Nazir Khan petitioner seeks bail in a case registered against him at Police Station Musa Khel, District Mianwali for offence under Sections 302, 148, 149/109 PPC. The case was got registered by Khan Sher Khan with the allegation that the petitioner was armed with 12 bore gun, co-accused of the petitioner were also armed with fire arms and they launched an attack on the complainant party. Co-accused of the petitioner fired with his rifle hitting Sardar Khan who died at the spot. Subsequently, the petitioner and other co-accused ran away while firing in the air.
2. It is contended by the learned counsel for the petitioner that petitioner was taken into custody on 24th January, 1995 and till today the trial has not commenced. Learned counsel has argued the no overt act qua the deceased by any of the witnesses was ascribed to him. No. 12 bore empty was recovered at the spot which could establish ineffective firing by the petitioner.
3. We have heard learned counsel and have gone through the record.
4. Though the petitioner is named in the FIR but the only role attributed in the FIR is firing after the commission of murder. He has not been ascribed even proverbial Lalkara. Recovery of .12 bore gun may not be of much significance because it was a licensed gun. 0n inquiry learned State counsel confirmed that no.12 bore empty was recovered. There is no likelihood of the commencement of the trial in the near future, as informed by the police-official who has brought the record. In these circumstances we accept this bail application and admit the petitioner to bail in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of A.C/Duty Magistrate, Mianwali.