' Learned counsel for the petitioner submits that only Lalkara is attributed to the petitioner. Further submits that petitioner was not connected with the motive and there is delay of 3 hours in lodging the F.I.R. Though the police station was at a distance of one kilomFtre. Adds that there were no dragging marks on the person of three deceased because in the F.I.R., it was alleged that all the accused dragged the deceased persons and encircled them. In support of his submissions, learned counsel has relied upon PLD 1979 Kar. 583 and 1978 PCr.LJ 150.
2. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R., he was present at the spot, raised commanding Lalkara and found guilty by the police. Further submits that on his abetment, three persons have been murdered. Learned counsel for the complainant has relied upon 1993 PCr.LJ 2112, PLD 1967 SC 340, 2002 PCr.LJ 289 and 2001 PCr.LJ 134.
3. I have heard learned counsel for the parties. The motive behind the occurrence was that one Abu Talib Sherazi on 4-1-2003 was injured and later on died. The brothers of Abu Talib Sherazi namely Syed Ibn-eHassan Sherazi and Syed Riaz Ali Sherazi had suspicion that he was got murdered by Amjad Ali, Amanat Ali and Yaqoob alongwith Farzand Ali who was son-in-law of Yaqoob, 2/3 days prior to the occurrence, one Ramzan Mirasi came to house of the complainant and told her that for the murder of Abu Talib Sherazi, the son of the complainant, her husband and her son-in-law are being named and he can get the matter patched up. On the day of occurrence, after Fajar prayer, again Ramzan Mirasi and his wife Irshad Bibi came to the house of the complainant and.Thereafter the three deceased including Farzand Ali accompanied them. They went alongwith said Ramzan Mirasi and they were followed by the complainant, Salamat Ali, Niamat Ali and Ghulam Muhammad. When they reached near Police Station Shandara, 14 accused persons including the present petitioner armed with rifle, pump action, gun and pistol caught hold the husband and son of the Complainant after dragging them and then took them in the house of Abu Talib, threatened them with dire consequences, there all the three deceased were encircled, there Syed Ibn-e- Hassan Sherazi, Syed Riaz Ali Sherazi both armed with pistols, Ikhlaq All armed with pistol, Baqir Ali armed with pistol started firing at the three deceased persons which hit on different parts of their bodies. As far other accused were concerned, they were raising Lalkara that if anybody came near, he would also be murdered. After the death of three deceased persons, all the accused ran away from the spot while raising Lalkara. In the last line of FIR., it was also stated that three deceased were killed on the abetment of Syed Ibn-e-Hassan Sherazi who was confined in jail in those days.
' As far as present petitioner is concerned, he never fired at the spot on three deceased persons.
Only, 5 crime-empties were recovered from the spot. 14 accused were shown to be present at the spot while one has been shown as accused of abetment. Even the petitioner is not connected with the motive of the case. No recovery has been effected from him. The role attributed to petitioner is that of Lalkara. In my opinion case of the petitioner is one of further inquiry within the meaning of subsection (2) to section 497, Cr.P.C. Relying on the case of Tariq Bashir v. The State PLD 1995 SC 34, this petition is accepted and petitioner is Allowed bail in the sum of Rs,1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of the trial Court.