ASHRAF Versus THE STATE

ORDER

This is an application for the grant of bail to Ashraf petitioner in case under section 302/307/34, P.P.C. registered at P. S. Farooqabad vide F.I.R. No. 25/87, dated 2‑2‑1987.

2. The prosecution case is that the petitioner and two others in furtherance of their common intention launched murderous assault on Noor Muhammad and caused his death.

3. As for the petitioner, it has been alleged that he was armed with gun; he did not cause any injury to the deceased and that he fired in the air after the deceased had received the fatal shot.

4. Learned counsel for the petitioner submits that there are no reasonable grounds to believe that the petitioner is vicariously liable for the acts of his co‑accused inasmuch as he did not cause any injury to the deceased although he was carrying a gun. Learned counsel for the State has opposed this application.

5. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner although armed with gun yet lie did not cause any injury to the deceased; that he fired in the air after the deceased had suffered the fatal shot; and that he is in jail for more than seven months.

6. For what has been said above, I feel that a case for grant of bail to the petitioner has been made out. He is, therefore, allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.

S.A./A‑250/L Bail granted.