2017 PLP 254 (YLRN)

ABDUL SAMI KHAN, J.

Through this single order, I propose to decide the instant petition along with Criminal Miscellaneous No.17914-B of 2016 and Criminal Miscellaneous No.18472-B of 2016 as in all these petitions, Zeeshan Haider Sajidi, Abdul Aziz and Zahoor Hussain petitioners have sought post-arrest bail under section 497, Cr.P.C. in case FIR No.253/16, dated 30.06.2016, under sections 302, 324, 109, 148, 149, P.P.C., Police Station Saddar Bhakkar.

2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. These are petitions for bail after arrest and only tentative assessment is required at this stage. As far as the case against Zeeshan Haider Sajidi petitioner is concerned, it has been noticed by this Court that he is not named in FIR and has been implicated in this case on the basis of statement under section 161 Cr.P.C. of Mst. Imtiaz Fatima injured, wherein she leveled allegation of abetment against Zeeshan Haider Sajidi petitioner and his co-accused Sakhi Hasnain. Co-accused Sakhi Hasnain, whose role is quite identical to that of Zeeshan Haider Sajidi petitioner, has been granted pre-arrest bail by this Court vide order dated 14.11.2016, passed in Criminal Miscellaneous No.11246-B of 2016 which is still in field. Adverting to the case against Abdul Aziz petitioner, it has been noticed by this Court that Abdul Aziz petitioner has been assigned the role of causing "danda" blow on the right eye of Tasawar Abbas deceased and in this regard learned counsel for the complainant has referred to injury No.4 in the postmortem report of the deceased, but according to opinion of the doctor, injury No.4 is not an independent wound and it is the result of head injury, which is attributed to co-accused Ahmad Nawaz. Like-wise, the allegation against Zahoor Ahmad petitioner is that he gave a knife blow on left cheek of the deceased, but during postmortem examination, only an abrasion (injury No.7) was observed by the doctor on the left cheek of the deceased and no incised wound could be observed by him. Even otherwise, injury on the left cheek of the deceased is also attributed to co-accused Mukhtiar Hussain and it is yet to be determined as to who out of these two accused has caused this injury. Prima facie there is contradiction between ocular account and medical evidence to the extent of Abdul Aziz and Zahoor Hussain petitioners, the benefit of which can be extended to them even at bail stage. Apart from the above, it is settled law that the questions in respect of vicarious liability of the petitioners as well as sharing of common object by them with their co-accused for committing alleged occurrence shall be determined by learned trial court after recording evidence. Admittedly the petitioners are previous non-convict. Investigation of the case is complete and they are no more required for further investigation. Zeeshan Haider Sajidi petitioner was arrested on 27.08.2016, Abdul Aziz petitioner was arrested on 17.07.2016 and Zahoor Hussain petitioner was arrested on 02.08.2016 and since then they are behind the bars without any fruitful progress in conclusion of their trial, therefore, their further incarceration in jail would not serve any useful purpose.

3. For what has been discussed above, taking guidance from the latest pronounce-ment of Hon'ble Supreme Court of Pakistan reported as 2016 SCMR 1558, the case of Zeeshan Haider Sajidi, Abdul Aziz and Zahoor Hussain petitioners has become one of further inquiry covered by subsection (2) of section 497, Cr.P.C. Hence, Criminal Miscellaneous No.16242-B of 2016, Criminal Miscellaneous No.17914-B of 2016 and Criminal Miscellaneous No.18472-B of 2016 are allowed and the petitioners are granted bail after arrest on the ground of further inquiry subject to furnishing bail bonds in the sum of Rs.200,000/- (Rupees two hundred thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial court.

4. The learned trial court is directed to conclude the trial of the case within six months from the date of receipt of certified copy of this order. Before parting with this order, it is also made clear that the observations made above are purely tentative in nature and are strictly confined to the decision of these bail petitions only. JK/Z-7/L Bail granted.