IFTIKHAR HUSSAIN CHAUDHARY, J. - Case FIR No.95/94 dated 20.11.1994 under Sections 302/324/34 P.P.C, registered at P.S.Railway Police, District Kasur, at the instance of Station-Master, he was present-on the plat-form in front of his Office, when two persons whose names were later known as Muhammad Ismail and Tariq armed with pistols came there. Muhammad Ismail fired with pistol on a beared man, who was later identified as Zafar. One Noor Ahmed trying to save Zafar was also hit by bullet. Both fell down and expired. The allegation against Tariq, according to FIR, was that he supplied loaded magazine to the co-accused Ismail. Three other persons were also injured during incident.
3. The petitioner was arrested and has applied for grant of bail to him.
4. Learned counsel for the petitioner submitted that, as a matter of fact, the petitioner and his co- accused were' fired upon by their opponents and the deceased met their fate during that incident and that a complaint was also filed against the aggressors who were summoned in that complaint case and that the occurrence had. Not taken place as alleged by the prosecution. It was contended that the petitioner was arrested in the case on 18.12.1994, but trial of the case has not concluded thus far, and the petitioner deserved the concession of bail on statutory ground.
Learned counsel for the State opposed grant of bail to the petitioner and submitted that he alongwith his co-accused had come to the Railway Station and when co-accused of the petitioner fired at the deceased, he supplied loaded magazine which prima facie attracts the provisions of Section 34 P.P.C, to his casee.
5. Petitioner who has not fired at the deceased or the injured P.Ws was arrested on 18.12.1994 and since then he is behind the bars. The prosecution has cited as many as 48 witnesses in the case against the. Petitioner and his co-accused. So far prosecution has examined only eight witnesses and there is no likelihood of early conclusion of the trial. The petitioner is in confinement since more than two years and as such is directed to be released on bail subject to furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one lac) with one surety in the like amount, to the satisfaction of trial Court.