SAEED-UR-REHMAN FARRUKH, J. - The petitioners alongwith another namely Aziz Ullah are involved in a case FIR No. 48/96 dated 4-8-1996, under Section 302/34 PPC, registered at Police Station Gunjial, District Khushab.
2. Saif Ullah son of Khan Zaman complainant, was done to death in the occurrence. According to the prosecution Yaki Khan petitioner was armed with 30- pistol while Umer Hayat petitioner carried 12-bore gun. Both Yaki Khan petitioner as well as Aziz Ullah co-accused fired at the deceased hitting him on different parts of the body as a result whereof he died at the spot.
Allegation against Umer Hayat petitioner is that he was armed with a gun and stood nearby at the time of occurrence.
It is contended by the learned counsel for the petitioners that as many investigations have been taken place and both the petitioners have been found to be innocent, throughout. It is argued that post-mortem report belies the story insofar as involvement of Yaki Khan petitioner is-concerned, is an aged person and thus entitled to bail.
Regards Umer Hayat petitioner, it is submitted that no overt act is attributed to him and his alleged presence at the spot at the time of occurrence does not constitute any offence justifying his detention in jail pending disposal of the case.
4. There are fire-arm injuries 6n the body of the deceased which led to his death. Specific role of effective firing is attributed to him and, prime/ facie, postmortem report supports this allegation.
The opinion of the investigation agencies about the innocence of Yaki Khan does not, ipso-facto, entitle him to bail particularly in view of the fact that the challan has since been submitted in Court and his name does not find mention in column No. 2. His plea for bail is rejected.
5. Case of Umer Hayat petitioner is, however, distinguishable. The allegation against him is that he was present at the spot carrying a gun but it was not used. No overt act is attributed to him. He is accordingly allowed bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- with two sureties, each in the like amount to the satisfaction of trial Court.