' Petitioner is arrested in case F.I.R. No,429 of 1997, dated 24-7-1998 under section 302/34, P.P.C.
Registered at Police Station Saddar Arifwala, District Pakpattan Sharif.
2. The allegation against the petitioner is that he being armed with rifle 8 mm alongwith Muhammad Rafi son of Muhammad Siddique being armed with .12 bore gun made a murderous assault upon Asghar. Petitioner's fire did not hit Asghar deceased whereas the fire of Muhammad Rafiq hit the left shoulder of Asghar deceased, who fell down on the ground and succumbed to the injuries at the spot.
3. Learned counsel for the petitioner submits that the firing made by the petitioner was ineffective, that no empty was recovered from the spot; that the rifle recovered was also licensed one and lastly contends that the petitioner is behind the bars for the last about 1-1/2 years but the trial has not yet concluded. Learned counsel for the complainant as well as learned counsel for the State have opposed on the grounds that the challan has been submitted in Court and the trial has already commenced. Further that it is a daylight occurrence and that the offence falls within the prohibitory clause of section 497, Cr.P.C.
4. I have heard the learned counsel for the parties and perused the record. Admittedly petitioner did not cause any injury to the deceased and the only role attributed to the petitioner is of ineffective firing. The question of vicarious liability of the petitioner is yet to be determined. The weapon allegedly recovered from petitioner is licensed arm of the petitioner's father.
5. In the above circumstances the case of the petitioner is covered under section. 497(2), Cr.P.C.
Accordingly the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties in the like amount to the satisfaction of the learned Judicial Magistrate.