SHEIKH ABDUR RAZZAQ, J.-- Petitioner seeks post-arrest bail in case F.I.R. 1 No, 352 of 2000, dated 29-11-2000 under sections 302/324/148/149, P.P.0 . registered at Police Station Sitra, District Sialkot.
2. The allegation against the petitioner is that he instigated his sons Muhammad Azeem, Ehasn Ullah and Muhammad Saleem as well as his nephews Muhammad Saleem and Muhammad Nawaz sons of Ahmad Din who were deadly armed, with respective lethal weapons to commit the murder of Muhamamd Arshad. The petitioner applied for bail which was declined by the learned Additional Sessions Judge, Daska, vide order, dated 10-5-2001. Hence this petition. Arguments have been heard and record perused.
3. The stand of the learned counsel .for the petitioner is that only role attributed to the petitioner is of proverbial Lalkara and he was arrested on 12-12-2000 and since then he is in judicial lock-up that the investigation is complete and challan has been submitted in the Court wherein all other accused have been shown as absconders; that all these facts make the case of the petitioner open for inquiry.
4. Conversely the bail application has been opposed by the learned counsel for the complainant as well as the learned counsel for State and submit that the petitioner has also been attributed similar role in case F.I.R. No,78 of 2000 of same police station and that even thereafter another case vide F.I.R. No,59 of 2001, dated 29-3-2001 has been registered against the absconders regarding the murder of third brother of the complainant. Therefore, the petitioner is not entitled for the relief claimed by him.
5. Perusal of the F.I.R. reveals that active and effective role has been attributed to the absconder and the petitioner has been simply assigned the role of instigating his co-accused. The petitioner was arrested on 12-12-2000 and since then is in judicial lockup. The Investigation is complete and the challan showing the main accused as absconders has already been sent to the Court.
6. For what has been stated, above the application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, two lacs with two sureties each in the like amount to the satisfaction of the Trial Court.