2008 P Cr (PLP)

M. BILAL KHAN, J.

Rajah Ali son of Waryam, the petitioner, by filing this petition, seeks post-arrest bail in case F.I.R. No.332 of 2006 dated 15-6-2006, registered with Police Station Garh, District Faisalabad, for offences under sections 302, 337-A(i), 337-L(2) and 109/34, P.P.C.

2. The facts of this case have already been given in some detail in my order dated 9-4-2007 passed in Criminal Miscellaneous No.10333-B of 2006, while allowing post-arrest bail to the co-accused of the petitioner namely Muhammad Riaz, therefore, the same need not be reiterated here once again.

3. The petitioner was arrested on 12-7-2006 and is in custody ever since. His plea for post-arrest bail did not find favour with the learned Additional Sessions Judge, Tandlianwala, District Faisalabad, who turned down his application vide order dated 13-6-2007. Hence this petition.

4. I have heard the learned counsel for the petitioner as also the learned Deputy Prosecutor General and have perused the record.

5. It has been observed that initially the petitioner was not named in the F.I.R. but subsequently Mst. Kausar Bibi daughter of Jahangir a real sister of the deceased had got her statement recorded under section 161, Cr.P.C. on 27-6-2006 i.e. 12 days after the alleged occurrence, wherein she had stated that one Ali Sher son of Mian Garah had come to her place on 25-6-2005 and had informed her that the deceased Irshad Hussain had been murdered by Muhammad Arshad, Zawar Hussain and the present petitioner. The fatal shot was attributed by the said Ali Sher to the petitioner whereas Muhammad Arshad and Riaz had been assigned the role of causing injuries with the butt of .12-bore gun and a Sota respectively. It is not denied that the prosecution case essentially hinges upon.the information furnished by Ali Sher who too has been arraigned as an accused. It is, therefore, yet to be seen as to what extent statement of a -co-accused can be used against the petitioner. The culpability and the complicity of the petitioner will thus be determined at the stage of trial, till then the petitioner cannot be retained in custody as a measure of punishment.

6. Resultantly this petition is allowed and the petitioner is admitted to post-arrest bail provided be furnishes bail bond in the sum of Rs.50,000 one surety, in the like amount to the satisfaction of the learned trial Court.

7. Before parting with this order I would like to add that the observations made hereinabove are tentative in nature and are not designed to influence the course of trial in any manner whatsoever.

8. Sardar Muhammad A.S.-I., Police Station Garh, has been produced before the Court by Shahzad Akbar S.P. Saddar, Faisalabad. Sardar Muhammad A.S.-I. did not have any plausible explanation for his non-appearance before the Court especially so when he had been bound down by the Court. Likewise Shahzad Akbar S.P. also could not explain non-compliances of this order by his subordinate in a convincing manner.

9. Be that, as it may, I was inclined to send Sardar Muhammad A.S.-I. to jail for committing contempt of this Court, but keeping in view the sanctity of the month of Ramzan I am letting him off. However, I am putting the S.P. as also the A.S.-I. on notice that if such a conduct is repeated in future, strict action in accordance with law shall be taken. N.H.Q./R-38/L Bail allowed.