This application for post-arrest bail has been filed on behalf of Mukhtar Masih son of Shafi Masih, petitioner who alongwith the co-accused is involved in a case arising out of F.I.R. No,4 of 2002, registered on 12-1-2002 under section 302/148/149, P.P.C. in Police Station Ganda Singhwala, District Kasur.
2. The F.I.R. was lodged by one Muhammad Abbas relating .to the 'occurrence which had taken place at 2-30 a.m, on the night between 11/12-1-2002. In the course of occurrence one of the culprits had allegedly fired with a carbine .12 bore at Mst. Hafizan Bibi, the sister of the complainant and who had died instantaneously.
3. Arguments have been heard and record perused.
4. The present petitioner is not named specifically in the F.I.R. nor the role of tiring at the deceased is attributed to him. It`seems that as a result of the final investigation, it was found that the present petitioner was one of the accused who had allegedly killed Mst. Hafizan Bibi deceased. Anyhow, the fatal shot had been tired by Rafique Masih, a co-accused of the present petitioner. In any way, the petitioner is only stated to be one of the assailants but is not alleged to have caused any injury to the deceased or any of the P.Ws. He is also stated to be empty-handed at the time of the occurrence. As such, this case is clearly one of further inquiry into the guilt of the petitioner and he is thus entitled to the concession of bail, as the question of vicarious liability would be determined at the stage of trial. The bail application is accepted and the petitioner is admitted to bail in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.