' Crime Case No,25, dated 15-6-1996 under section 302/109/34, P.P.C. Was registered at Police Station Chakarala, District Mianwali on the report of one Mehr Khan. According to complainant he alongwith his brother Muzaffar Khan and Asghar Khan were standing outside at a hotel and his brother Ahmad Khan was cleaning the truck when Anwar Baig, on a signal made by Allah Yar, fired at Ahmad Khan with a pistol. It was alleged in the F.I.R. That Ahmad Khan was done to death at the instance of Haji Muzaffar and Ali Asghar.
2. The petitioners were arrested and now have applied for grant of bail to them.
3. Learned counsel for the petitioner submitted that deceased was fired upon by one Anwar Baig and the petitioners were implicated in the case by assigning artificial and fake roles. It was argued that the petitioners had not taken any active part in the incident and case of the petitioners under the circumstances, was that of further inquiry. Learned counsel for the State assisted by learned counsel for the complainant opposed the grant of bail to petitioners on the ground that Allah Yar had made the signal whereafter Anwar Baig fired at the deceased and he had, thus, commanded the co-accused to fire at the deceased and it could not be said that no active part was taken by Allah Yar in the incident. It was contended that the other petitioners had the motive and murder was committed at their instance and they were liable for the offence under section 109, P.P.C. And do not deserve the concession of bail.
4. Learned counsel for the parties have been heard at length and record seen. According to F.I.R.
Anwar Baig and Allah Yar were present at Malik Nazar Hotel where complainant and three other brothers of complainant were also present. Ahmad Khan was cleaning his truck when Allah Yar made a signal to Anwar Baig that Ahmad Khan was cleaning the truck on its western side whereafter Anwar Baig sat in the car and proceeded towards rear of the trailer. Anwar Baig whereafter, allegedly, fired at the deceased with the pistol Allah Yar was not present with Anwar Baig in the car at the relevant time. Whether in the facts and circumstances of the case making of signal was required or whether such an act amounted to giving a command to Anwar Baig are questions which need determination on the basis of evidence. Similarly, the role ascribed to other petitioners is to the effect that offence was committed at their behest. The allegations against the petitioners being that of abetment and conspiracy, the extent of their involvement in the episode is a question which would best be determined at the trial of the case. For the present case of the petitioner is considered to be that of further inquiry.
5. The petitioners are allowed bail in the sum of Rs,50,000 (fifty thousand) each with one surety each in the like amount to the satisfaction of the trial Court.