SHAIKH ABDUR RAZZAQ, J.- The petitioner Muhammad Sharif stands charged under Sections 302/109 PPC vide FIR No. 63/97 registered at P.S. Cantt. Bahawalpur for committing murder of Anees Ahmad.
2. It is submitted by learned counsel for the petitioner that only part assigned to the petitioner is that of hatching a conspiracy for committing the murder of deceased Anees Ahmad, that the petitioner was not present at the time of alleged occurrence, that his co-accused Muhammad Siddique has already been granted bail by the trial Court vide order dated 16.4.1997, that the petitioner was arrested on 20.2.1997 and is in jail since then, that case of a conspirator of abettor not present on the spot stands at a lower footing than that of accused instigating his companion to commit the crime being himself present on the spot and relies upon Syed Amanullah Shah v.
The State and another (PLD 1996 SC 241). He thus submits that the petition may be accepted and the petitioner be admitted to bail.
3. On the other hand, bail application has been opposed by learned counsel for the State assisted by learned counsel for the complainant. It is contended that the petitioner has been nominated in the FIR 'and specific part of instigation has been assigned to him, that the alleged victim was a young by of 17/18 years and the petitioner having been arrested on 20.2.1997, is in judicial lock-up for only three months. that the case of the petitioner is not at par with that of Muhammad Siddique who has been granted relief of bail by the trial Court. It is thus submitted that the petition may be rejected..
4. It is evident from the facts stated above that only part assigned to the present petitioner is that of instigating/conspiring with his co-accused Muhammad Siddique, since released on bail by the trial Court and finally instigating the main accused Shakrullah to commit murder of deceased.
Admittedly, the present petitioner was not present on the spot at the time of alleged occurrence and as such, even if it is' assumed that he had conspired with his co-accused Muhammad Siddique, since released on bail and instigated Shakrullah for the commission of this offence, the case of the petitioner is at lower footing, as held in PLD 1996 SC 241. Accusation of abetment/instigation/conspiracy can very easily be set up, when parties are inimically dispressed as possibility of false implication of the opponent is very much there.
Accordingly, the petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- (Rupees fifty thousand only) with two sureties each in the like amount to the "satisfaction of the trial Court.