2010 PLP 984 (MLD)

JAMSHED RAHMAT ULLAH, J.

Through this petition the petitioner seeks post arrest bail in case F.I.R. No. 12 of 2009, dated 1 -1-2009, registered under sections 302, 324, 34, P.P.C., at the Police Station Tulamba District Khanewal, with the allegation that the petitioner made a "Japha" to injured Muhammad Hussainan, brother of the complainant, when he was coming in a street towards his house and co-accused of the petitioner has inflicted injury on the person of the deceased.

2. The leaned counsel for the petitioner contends that the petitioner has falsely been involved in this case with mala fide intention and ulterior motives. Further contends that Muhammad Waqas the main accused of the case has already been granted bail by this Court vide order, dated 21-5-2009 passed in Criminal Miscellaneous No. 1469-B of 2009 and the role of the present petitioner is lesser than the role attributed to the co-accused. Further contents that the only allegation to "japha" has been attributed to the petitioner. Further contends that according to the police investigation, the petitioner was present at the place of occurrence but he has not committed any offence. Learned counsel has relied upon the cases of Amjad Hussain and another v. The State (2007 PCr.LJ 1137) and Rasheed Ahmed v. The State (NLR 2000 Criminal 514).

3. Conversely, the learned DPG appearing on behalf of the State as well as learned counsel for the complainant has vehemently opposed the bail petition contending, that the petitioner is involved in an heinous offence with specific role. Further contends that the case of the co-accused who has already been granted bail by this Court is quite distinguishable to the case of present petitioner, as the co-accused was granted bail only on the basis of a tender age and his case falls under Juvenile Justice System Ordinance, 2000.

4. I have heard the arguments of the learned counsel for the parties and perused the record.

5. Admittedly the present petitioner was empty handed at the relevant time and only allegation of Japha has been attributed to the petitioner. According to the police investigation, the petitioner was present at the place of occurrence but he has not committed any offence. Muhammad Waqas the main accused of the case has already been granted bail by this Court vide order, dated 21-5-2009 passed in Criminal Miscellaneous No. 1469-B of 2009 and the role of the present petitioner is lesser than the role attributed to the co-accused. The petitioner has not caused any injury to the deceased. The petitioner is behind the bars since his arrest and is no more required to the police for the purpose of further investigation. The challan has been submitted in the trial Court but no progress has been made as yet.

6. For the foregoing reasons this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.3,00,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-222/L Bail granted.