2009 P Cr (PLP)

KHURSHID ANWAR BHINDER, J.

The petitioner seeks post-arrest bail in case F.I.R. No.337 of 2007 dated 29-6-2007 registered under sections 302/148/149, P.P.C. at Police Station Gogera District Okara.

2. Precise allegations against the petitioner as per narration of F.I.R. are that he along with his accomplices while forming unlawful assembly had entered the house of the complainant and had committed the murder of Mohsin Ali.

3. Learned counsel for the petitioner submits that no specific role has been attributed to the petitioner which could connect him with the commission of offence. There are only general allegations against the petitioners. No recovery has been effected from him and the petitioner was found empty-handed at the place of occurrence, therefore, petitioner's case falls within the ambit of further inquiry into his guilt and is thus, entitled to the concession of bail.

4. Learned D.P.-G. opposes bail application of the petitioner and submits that the petitioner is nominated in the F.I.R. with specific role of committing murder of Mohsin Ali while forming unlawful assembly and sharing common intention. He further submits that two eye-witnesses of the occurrence fully involve the petitioner with the commission of offence and also corroborate the story narrated in the F.I.R. The petitioner has been held guilty in police investigation and as per record the petitioner was very much present at the place of occurrence.

5. I have heard the learned counsel for the petitioner as well as learned' D.P.-G. and have also perused the record. The petitioner is no doubt nominated in the F.I.R. with specific role but at the same time it has to be seen as to whether what role has been attributed to the petitioner. It is decidedly established from the record that no active role has been attributed to the petitioner as per narration of F.I.R. There are only general allegations levelled against the petitioner. He was not even armed with any weapon. No recovery of any crime weapon has been effected from him. As far as the aspect of the murder of the deceased is Concerned, in the absence of any specific allegation nothing definite can be ascertained regarding role of the petitioner as F.I.R. is silent about it. Merely involving the petitioner with the commission of offence on the basis of, narration of F.I.R. would not justify his role until and unless there are definite allegations against him. Even otherwise, it is not known as per police record as to whether the deceased was murdered due to any injury caused by the petitioner. Merely heinousness of the crime does not necessarily mean that the petitioner is involved in the case when there is no specific role attributed to him.

6. Under the circumstances petitioner's case is that of further inquiry into his guilt. I, therefore, admit him to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount each to the satisfaction of the learned trial Court/Illaqa Magistrate. Petition stands disposed of. H.B.T. /M-430/L Bail granted.