' Khalid alias Khadi petitioner seeks grant of bail in case F.I.R. No,62 of 1998 dated 20-2-1998 registered under section 302/34, P.P.C. At Police Station Kanganpur, District Kasur.
2. The precise allegation against the petitioner is that on 20-2-1998 at about 9-00 p.m., he being armed with rifle alongwith Muhammad Sarwar who was also armed with rifle in furtherance of their common intention committed the murder of one Muhammad Din. Allegedly the petitioner while aiming rifle towards the P.Ws. Kept on warning them during the whole occurrence.
3. Bail application of the petitioner was dismissed by the learned Additional Sessions Judge, Kasur vide order, dated 6-11-1999. Hence the instant bail petition.
4. After hearing the parties and perusing the record, it has been noticed that the only allegation against the petitioner is that of his presence at the spot. Neither he caused any injury to the deceased nor even fired with his weapon during the whole affair. In the circumstances of this case, the question with regard to the vicarious liability of the petitioner is yet to be resolved by the Trial Court after proper appreciation of the evidence. The petitioner was arrested on 31-3-1999 and he is no more required for the purpose of investigation. Finding the case of the petitioner to be one of, further inquiry within the purview of subsection (2) of section 497, Cr.P.C., the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees One Lac) with two sureties in the like amount to the satisfaction of the learned trial Court.