1. ' Ehsan Ullah son of Nazar Hussain, petitioner seeks post-arrest bail in case F.I.R. No,471 of 2000, dated 26-10-2000, under section 302/34, P.P.C. Registered as Police Station Noshera Virkan, District Gujranwala, at the instance of Muhammad Sharif, for commission of murder of Fazal Hussain.
2. ' Post-arrest bail was refused to the petitioner by the learned Additional Sessions Judge, Gujranwala vide order, dated 30-5-2001.
3. ' Learned counsel for the petitioner contends that the F.I.R. Was lodged with unexplained two days delay; that the petitioner has not been attributed any injury having been caused to the deceased but he has been alleged having caused simple injury to the prosecution witnesses with butt of his gun.
4. ' Conversely, the bail has been opposed by the learned State counsel by arguing that the offence falls under the prohibitory clause and the petitioner has actively participated in the commission of the crime.
5. ' Heard. Record perused.
6. The, petitioner has not caused any injury to the deceased Fazal Hussain, but he has been attributed simple injuries to Ghulam Rasool and Zulfiqar, P.Ws. With butt of the gun. The petitioner has not caused fire-arm injury to any one during the 'occurrence, therefore, whether the petitioner is vicariously liable for causing death of Fazal Hussain is a matter of further inquiry and probe.
7. Resultantly, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.