' Faiz Ahmad son of Noor Ahmad, petitioner, has sought his post-arrest bail in a case F.I.R. No, 494 of 2000, dated 30-12-2000 under sections 302/324/109/34, P.P.C. Registered at Police Station City, Arifwala.
2. According to the F.I.R. Three persons, who were armed with fire-arm weapons hired the Rickshaw of the petitioner and followed the Rickshaw in which the deceased alongwith complainant and 2/3 women were travelling.
3. The role assigned to the petitioner is that he struck his Rickshaw with the Rickshaw in which the complainant party was travelling and thereupon the accused, who were armed with fire-arm weapons fired at them. The firing of the co-accused resulted into death of Mubarak and Naveed Ahmad complainant received injuries.
4. The petitioner- was arrested on 12-1-2001 and investigation against him has been completed.
Challan of the case has been sent to the Court for trial.
5. I have heard the learned counsel for the parties at length and perused the record. It has been noticed that Faiz Ahmad petitioner had no motive whatsoever to share common intention with the co-accused. The only allegation against him is that the accused were A sitting in his Rickshaw.
Admittedly, the accused/petitioner is a Rickshaw driver and earns his living through this profession.
There is no evidence whatsoever on record to show that the petitioner was aware of the desires of the other co-accused or shared common intention. The allegation against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C.
6. For what has been discussed above, I am inclined to allow this petition and admit the petitioner to bail, subject to his furnishing bail bonds in the sum of Rs, fifty thousand with two sureties each in