' Fazal Muhammad petitioner who alongwith others is involved in a case under sections 302, 399 and 402, P, P. C., has moved this potition for bail. On 19-7-1977 Asghar Ali complainant saw a dead body on LyallpurJaranwala Road and informed Jaranwala Police about it through report No, 244 on the same day. During the investigation, one Mashkoor Ahmad made a statement under section 164, Cr. P. C. Wherein he alleged that on 18-7-1977 he was taking the petitioner and his companions namely, Ashiq deceased, Ghulam Muhammad, alias Gamma, Diwan and Dilbar from Lyallpur (now Faisalabad) to Jaranwala in his oar on the request of the petitioner and when he reached near Chak No, 65/6. B. The aforesaid persons took out guns which had been wrapped in a piece of cloth and Ashiq deceased proclaimed that the.), would rob the household effects of Rana Habib-ur- Rehman. He further stated that he got nervous and told the aforesaid persons that he would not drive the car any more. Then he stopped the car and got down from it. Diwan co-accused took out two guns from the car and when he was handling the third it suddenly went off hitting Ashiq deceased in the chest and abdomen as a result of which he died at the spot.
2. The learned counsel for the petitioner contends that the statement of Mashkoor Ahmad does not disclose any offence under section 302, P. P. C. And at best the case falls under section 304-A, P. P.
C. And that too only against aforesaid Diwao. He further submits that the position of Mashkoor Ahmad is that of an accomplice and he made the statement at a very belated stage, therefore, the peitioner is entitled to the concession of bail. The learned State Counsel submits that the challan is being submitted under sections 304, 399 and 402, P. P. C. He submits that Mashkoor Ahmad has clearly implicated the petitioner therefore, he is not entitled to the concession of bail.
3. I have gone through the record. The entire evidence collected by the investigating agency against accused consists of the statements of Mashkoor Ahmad, Boota and Muhammad Siddiq.
The statement of Mashkoor Ahmad was recorded about a month after the occurrence. Boota is alleged to have seen the petitioner and his companions going armed towards Iaranwala and Muhammad Siddiq is a witness of extra judicial A confession. He made a statement on 7-8.1977 that the accused persons made joint statement before him that they were going for committing decoity and when Diwan was handling the gun it went off causing injuries to Ashiq deceased as a result of which he died. In the circumstances, I am of the view that a case for the petitioner's enlargement is made out. Consequently, I admit him to bail in the sum of Rs, 20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Jaranwala.