' On the statement of Chiragh Din son of Khushi Muhammad F.I.R. No,292 of 2000 dated 26-6-2000 under sections 302/324/109/34, P.P.C. Has been registered at Police Station Depalpur, District Okara against Sher Muhammad, Maskeen Ullah, Muhammad Ashraf and Muhammad Jehangir (petitioner).
2. The allegations against the accused are that at the time of occurrence Muhammad Ashraf and Jehangir were armed with .30 bore pistols whereas Maskin Ullah was armed with rifle. Sher Muhammad accused has been attributed the role of Lalkara.
3. The petitioner Jehangir applied for bail which has been declined by the learned Additional Sessions Judge, Depalpur vide order dated 8-10-2001. Hence the instant petition.
4. Arguments have been heard and record perused.
5. It is submitted by the learned counsel for the petitioner that as per contents of F.I.R. The role attributed to the present petitioner is of causing a pistol blow on the neck of the deceased, that his co-accused Muhammad Ashraf has been assigned as many as 3 injuries on the person of deceased, that Maskin Ullah has been assigned role of indiscriminate firing, that as per post- mortem examination report the injury attributed to the present petitioner is an exit wound of injury No,3 which has been attributed to Muhammad Ashraf co-accused of the present petitioner, that as the ocular account is in conflict with the medical evidence which has come on record in the form of post-mortem examination report, as well as sketch of injuries prepared by the Medical Officer, so this fact alone makes the case of the petitioner open for further inquiry. In support of his contention he has placed reliance upon Muhammad Ashraf v. The State (1999 PCr.LJ 1464) (Lahore). He further contends that even Muhammad Ashraf who has been assigned the effective role has been murdered after present occurrence. He further contends that Sher Muhammad accused has been granted bail and similar was the case of Muhammad Ashraf who, now stands murdered. He further contends that petitioner was arrested on 10-7-2000 and since then is in judicial lock-up and trial has not started, as the case has been adjourned sine die, as per order sheet of the learned Sessions Judge, Okara dated 14-6-2001.
6. Conversely bail application has been opposed by the learned counsel for the State, on the ground that petitioner is specifically named in the F.I.R., a specific role of causing injury on the neck of the deceased has been attributed to him and that challan has been submitted in the Court.
7. A perusal of F.I.R. Revels that present petitioner has been attributed the role of causing an injury on the neck of deceased Ghulam Qadir Mithu. According to the post-mortem examination report, which is available on record, the said injury has been declared to be an exit wound of injury No,3.
Injury No,3 has been attributed to Muhammad Ashraf a co-accused of the present petitioner.
8. Since the ocular account furnished by the complainant in the F.I.R. Referred above, is in conflict with the medical account, which has come on record in the form of post-mortem examination and sketch of injuries, so these facts make the case of the petitioner open for further inquiry.
Accordingly petition is accepted and he is admitted jo bail subject to furnishing bail bonds in the sum of Rs,1 lac with two sureties, each in the like amount to the satisfaction of trial Court.