' Post-arrest bail is being sought in the case registered vide F.I.R. No .40 of 22-2-1998 under sections 302, 379, 148, 149 and 109, P.P.C. Police Station Pahiranwali, District Mandi Bahauddin, reporting the murder of complainant's parents Muhammad Nawaz and Sakina Bibi respectively by a rifle and gun shot firing of Murad Ali, Mukhtar Ahmed, Saifullah, Muhammad Yousaf and Riaz Ahmed landing on various parts of their anatomy around 8 a.m. To which they sucummed on the spot having conspired with the petitioner, Muhammad Hussain and Ihsanullah.
2. Contending that admittedly neither the petitioner was present at the venue nor any overt act has been ascribed to him and has been implicated solely ascribing conspiratorial role viz. Alleged to have instigated the principal accused as per divulgence of Muhammad Abbas and Muhammad Ashraf i,e, the latter acclaiming so have-over heard the conspiracy being hatched by the accused openly while passing through the adjoining thoroughfare which patently warrants further inquiry since the acclaimed presence being purely a matter of chance; consistency viz. The two co- accused Muhammad Hussain and Ihsanullah with the identical charge having been allowed bail by the Sessions Court, he too is entitled to the concession of which he cannot be stripped off merely on account of motive of having been involved being an elder of the family on which count he has already suffered more than one year's internment, commencement of the trial whereof is out of sight.
3. Which has been opposed by the learned counsel appearing on behalf of the complainant as well as the State reiterating the prosecution story without dislodging the contentions urged on instructions imparted by the police official in attendance equipped with the record; persuaded whereby the petitioner is allowed bail upon furnishing bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the Sessions Court concerned.