1. BASHIR A. MUJAHID, Petitioner Haji Ahmad son of Khadim Hussain seeks after arrest bail in case F.I.R.
2. No. 158, dated 3.11.2002 under Sections 302/148/149, PPC registered at P.S. Mitha Tiwana, Khushab.
3. The allegation against the petitioner is that he accompanied his co-accused to the place of occurrence while armed with gun 12 bore gun and on his direction co-accused Jaffar Hussain fired at Abdul Hameed, deceased.
4. The petitioner was arrested on 18.11.2002 and was declined after arrested bail by the learned Addl.
5. Sessions judge, Khushab vide order dated 27.5.2003. Hence this petition.
6. Learned counsel for the petitioner and for the State have been heard exhaustively and record has been perused. Muhammad Akram complainant in person has also been heard.
7. Admittedly, six persons namely Maula Dad, Muhammad Asif, Anwar, Ghulam Abbas, Muhammad Khan and Muhammad Arshad were injured from the accused side and at the hands of the complainant side they received 15 i.e-arm injuries while on the complainant side only Abdul Hamid, deceased received two i.e-arm injuries but unfortunately he lost his life, while the accused party was lucky that all of them survived, It is a free fight and to be seen by the Trial Court that which of the two parties was the aggressor. During the investigation it was found that the petitioner was although present at the spot but was empty handed. Whether lalkara attributed to him was commanding in nature is also to be seen by the Trial Court. For the time being the petitioner has made out his case for bail, therefore, he is admitted to bail subject to his furnishing of bail bonds in the sum of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Trial Court.