1. ' Abdur Razaq seeks Pail in case F.I.R. No,64 of 2000, dated 29-1-2001 under sections 302/324/427/148/149, P.P.C. Registered with Police Station Sadar, Sheikhupura.
2. ' The allegations contained in the F.1.R. Authored by Saeed Ahmad are that on the fateful day his father alongwith others boarded a car for attending the date of hearing in case registered against him and others when they were confronted with Muhammad Ehsan and 13 others companion and three unknown persons all armed with deadly weapons (fire-arms). Ehsan exhorted his `companions to kill Dilshad and others as they were responsible for killing his father Faqir Hussain on which Ehsan, Saeed Khan, Muhammad Nawaz, Yasir, Shafqat and Arshad fired with their respective weapons upon the car resulting in death of driver Abdul Ghaffar, Sarwar and Ashraf.
3. Later on Riaz injured also succumbed to the injuries leaving only Dilshad the injured eye-witness.
4. ' Post-arrest bail was declined by the learned Additional Sessions Judge on 5-12-2000. counsel ditlihdal)'that 'ilk petitioner was declared innocent by three investigations and on the insistence of the complainant final investigation left him at the mercy of Iheogeuxt.,/lpfurther gated that no overt act from bare reading of the F.I.R. Is ascribed to the petitioner exceptthisOfeience with the iaCettaed. Learited counsel contends thatin these eircumstancet bail be allowed to the petitioner particularly When the weapon of offence has not been tecovered ftottitint Conversely the learned counsel fctrAe,State hastppposed the bail and submitted that four persons were murder,e4.In,Gq1d blood, therefore, benefitof bail should not be extended to him. {{PAGE BLUR}} _t, t yqt;fil io ' rY,,T '; teamed counsel for the complainant Stated ttraf tile lietitioner is nontinatetr accused ='and was present at the Pride ot occurrence JA armed AVith deadPi- krn weapon, as such discret stlytud not be exercised in his favOur When the challan of the case has lie0 submitted in the Court.
5. ' Heard. Record perused. {{PAGE BLUR}} #TS##It is a fact that the petitioner though present at the time of occurrence did not participate in firing made by the above named persons as a result of which four persons were murdered and one was injured. As to how far mere presence of the petitioner can facilitate the other accused to kill the deceased shall be scrutinized and considered when the evidence comes before the trial Judge. Presently he has made out a case of further inquiry.
6. ' Resultantly the application is allowed and Abdur Razaq petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs, one lac with one surety in the like amount to the satisfaction of the trial Court.