' Petitioner seeks his post-arrest bail in case F.I.R. No,324 of 1997 dated 20-6-1997 registered under section 324/436/148/149, P.P.C. At Police Station Pakpattan Sharif.
2. Precise allegation against the petitioner as alleged in the F.I.R. Is that on 20-6-1997 at about 3-00 p.m. The petitioner being armed with double-barrel gun along with his ten other co-accused who were also allegedly armed with firearms forcibly entered into the house of the complainant and started firing indiscriminately. Allah Yar, brother of the complainant, received fire-arm injuries due to this firing. Complainant party also fired in self-defence and due to this, Muhammad Musthaq, co-accused, received injuries. Lastly, accused person put the house of the complainant on fire after sprinkling kerosene oil.
3. Learned counsel for the petitioner submits that the petitioner is behind the bars since 4-6-1997 and trial in the said case has not yet been concluded. Further contends that statutory period provided under the Statute has elapsed, thus, argues that petitioner is entitled to the concession of bail. Further argues that in the F.I.R., no specific role has been attributed to the petitioner but general allegation of indiscriminating firing has been attributed to him. Lastly, contends that question of vicarious liability of the petitioner is yet to be determined by the trial Court, hence, case of the petitioner requires further inquiry.
4. Learned counsel appearing on behalf of the State has vehemently opposed the grant of bail.
5. We have heard learned counsel for the parties and have gone through the record of instant case minutely.
6. Bare perusal of F.I.R. Does not show any specific role played by the petitioner and the only allegation is that of indiscriminate firing alongwith other co-accused. We have observed that petitioner was arrested on 4-9-1997 and uptil today, trial of the case has not been concluded.
' Keeping in view the circumstances of this, we are inclined to admit the petitioner to bail subject to furnishing bail bonds to the tune of Rs,20,000 with two sureties each in the like amount to the satisfaction of trial Court.