Law:

Section:

ARSHAD MAHMOOD, J.---Shabbir Ahmad and Khan Muhammad petitioners seek their bail after arrest in case F.I.R. No.161 of 2009, dated 25-4-2009 offence under section 302/34, P.P.C. registered at Police Station Harappa, District Shaiwal.   Precisely allegation against the petitioners is that they along with their coaccused committed double murder of Sana daughter of the petitioner as well as one Arshad.   Learned counsel for the petitioners submits that Khan Muhammad petitioner was attributed the role of proverbial lalkara whereas mere presence and joint role of catching hold of Arshad deceased was attributed to Shabbir Ahmad petitioner. States further that Khan Muhammad petitioner has been involved in this case along with his three sons in a double murder. Learned counsel argued with vehemence that Khan Muhammad petitioner is above fifty years of age and has been assigned the role of lalkara whereas no independent overt' act has been attributed to Shabbir Ahmad petitioner. In support of his submissions he relied upon "Naseer Ahmad v. The State 2008 YLR 2925, "Shah Nawaz v. The State" 2008 PCr.LJ 1507, "Shah Nawaz and others v. The State and another" (2008 SCMR 1436)" Muhammad Aqeel v. State and another" 2009 YLR 889 and "Sabir Hussain v. The State" (2009 PCr.LJ 1327).   The application has been opposed by learned DDPP on the ground that petitioners are named in a prompt F.I.R., reporting a double murder. It was further submitted that the offence against the petitioners falls within the prohibitory clause of subsection (1) of section 497, Cr.P.C. It was lastly argued on behalf of the State that the…