' TANVIR AHMED KHAN, J.---This petition is directed against the order dated 2-8-2001 passed by a learned Division Bench of the Lahore High Court, Lahore, in Criminal Miscellaneous No,4154-B of 2001 whereby post-arrest bail to the petitioner was denied.
2. The facts briefly stated for the disposal of this petition are that F.I.R. No,682 of 2000 was got registered at Police Station Saddar, Gujrat, on 22-11-2000 under sections, 302/324/148/149, P.P.C.
Against the petitioners and others. It was alleged that the petitioner was driving a without number car and his co-accused armed with lethal weapons waylaid the complainant side committed Qatl-e-Amd of three persons and injured four passersby.
3. Bail is sought by the petitioner on the ground that in all nine persons were implicated in the present occurrence and out of them, two have been set at large in view of a compromise effected by them with the complainant side. The petitioner in successive investigations has been found to be innocent and in the challan he has been placed in Column No,2. It has been further stated that the petitioner is 65 years of age and he is suffering from osteoarthritis of both knee-joints, cholelelithiasis and U.T.I. (urinary tract infection).
4. Learned counsel for the complainant and learned Law Officer opposed the grant of bail. We have considered the contentions and have gone through the documents appended with this petition. It is not denied that the petitioner after successive investigations has been declared innocent and is placed in Column No,2 of the challan. The only allegation against him was that he drove the car through which the accused party reached the spot and opened murderous attack. It is also admitted that the petitioner is in Jail for the last about 14 months.
5. Keeping stock of all the aforestated facts into consideration, we are of the view that case of the post-arrest bail is made out. Accordingly we admit him to bail provided he furnishes bail bonds in the sum of Rs,1,00,000 each with two sureties in the like amount to the satisfaction of the learned trial Court.