2025 PLP 2696 (YLR)

Ali Zia Bajwa, J.

Through this petition filed under Section 497 Cr.P.C., the petitioner seeks his post-arrest bail in case FIR No.83/2024, dated 04.02.2024, offences under Sections 302, 109 and 34 P.P.C registered with Police Station Ahmednagar, District Wazirabad.

2. The specific allegation against the petitioner, as stated in the crime report, is that on 04.02.2024 at 6:30 a.m., he, along with his co-accused, while armed with firearms and acting in furtherance of their common intention, committed Qatl-i-Amd of Rukhsar Ahmad, the father of the complainant, by inflicting firearm injuries.

3. Arguments heard and the record perused.

4. It has been straightaway observed by this Court that the petitioner is not nominated in the FIR and the same is lodged by the complainant against two named accused persons i.c. Ali Salman and Tahir Iqbal., along with two unidentified individuals. However, during the course of investigation, it came to light that the occurrence in question was allegedly occurred at the instigation of the nominated accused persons, who are said to have hired the services of the petitioner and one Hamza Jutt to commit the offence. It has further been noticed that the petitioner is the real brother of one of the nominated accused, namely Ali Salman. Subsequently, the petitioner was arrested in connection with the case under Section 54 Cr.P.C. and sent to judicial lock up for test identification parade, which was conducted on 30.03.2024. Notably, the original crime report did not attribute any specific injury inflicted upon the deceased to the unknown accused persons. However, during the said identification parade, the petitioner was surprisingly identified by the complainant and the eye-witness with the role of having fired gunshots at the deceased.

5. In view of the above, the prosecution's case against the petitioner appears to be based on two conflicting versions, one presented in the crime report, and the other emerging from the investigation conducted by the investigating agency. Further reliance can also be placed on the latest dictum laid down by the Supreme Court of Pakistan in case titled "Mujahid Hussain and another versus The State through Prosecutor General, Punjab, Lahore and another" (2024 SCMR 800). All the above narrated facts make the case of the petitioner one of further inquiry falling within the ambit of Section 497(2) Cr.P.C. The guilt of the petitioner and recovery of weapon of offence on his pointing out would be determined by the trial court after recording of evidence.

6. The record reflects that Tahir Iqbal and Ali Salman, nominated accused were granted post-arrest bail by this Court vide consolidated order dated 03.12.2024 passed in Crl. Misc. No. 53146-B of 2024, and apparently such order has not been challenged by the complainant.

7. The petitioner is behind the bars since his arrest. He is no more required to the investigating agency for the purpose of further investigation. No useful purpose would be served while keeping the accused petitioner behind the bars for an indefinite period. Granting bail to an accused person does not amount to his acquittal, rather his custody is handed over from State to the surety, who takes the responsibility to produce that accused before the trial court.

8. Resultantly, the instant bail petition is allowed and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the trial court. MQ/U-4/L Bail granted.