' The learned counsel for the petitioners does not. Press this application to the extent of Bahadar Khan and Shah Nawaz alias Nishat Khan petitioners. This petition is, therefore, dismissed as having not been pressed to the extent of above mentioned petitioners.
2. Mushtaq Ahmad petitioner has sought his post-arrest bail in case F.I.R. No,151 registered at Police Station Kameer on 15-7-2001 for 'offences under section 302/34; P.P.C. Read with section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Subsequently, section 109, P.P.C. Was added.
3. Briefly, the facts as narrated in the F.I.R. Are that the complainant received an information that her daughter Mst. Rabia had died. On receipt of information the complainant who was at Lahore immediately reached the place of occurrence and saw some marks of violence on the eyes of the dead body, therefore, she got the instant case registered. During the investigation it transpired that Shah Nawaz was the principal accused while Bahadar and Mst. Nasim shared the common intention. The petitioner has been assigned the role of abettor.
4. The petitioner was arrested in this case on 25-7-2001 and is in judicial lock-up.
5. I have heard the learned counsel for the parties and have also gone through the record of the case. It has been admitted by the police officer who has brought the record of the case that according to the, finding of the police the allegation against Mushtaq Ahmad petitioner is that of abetment only who was admittedly not present at the scene of occurrence. Therefore, relying on the case of Aman Ullah Shah v. The State (PLD 1996 SC 241) I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.