2009 PLP 2370 (YLR)

SAGHIR AHMAD, J.

Petitioner seeks post-arrest bail in case F.I.R. No.311/07 dated 24-7-2007 under sec tions 302/324/34 P.P.C. registered at Police Station Kot Samaba, District Rahim Yar Khan, at the instance of one Farooq Ahmad, in which it is admitted that petitioner's name is not mentioned; that in the supplementary statement made by the complainant on 5-8-2007 the petitioner and one Shaukat Ali were nominated. During the investigation said Shaukat Ali has been discharged and regarding the .petitioner the eye-witness/real brother of the deceased has also made statement that petitioner is innocent, and in fact he is not a real culprit. It is also stated that during the investigation nothing has been recovered from the petitioner and petitioner is in judicial lock up since 26-8-2007. It is further stated that after involvement of the petitioner and one Shaukat Ali, two other accused were nominated through another supplementary statement namely, Ghulam Hussain and Abdul Jabbar. According to the Investigating Officer one Abdul Jabbar nominated through second supplementary statement has been died and said Ghulam Hussain has been involved in this case. It is further stated that regarding petitioner here is no evidence available on the file.

2. Learned Deputy Prosecutor-General after examining the record, verified the facts that through Zimini No.14 the police has declared the petitioner innocent and even there is no tangible evidence available on the file.

3. I have heard that learned counsel for the parties and have perused the record with their able assistance. It is admitted that petitioner's name is not mentioned in the F.I.R. on the record that through supplementary statement one Shaukat Ali and petitioner were involved in this case but later on during the investigation witnesses made the statement that petitioner is innocent and other co-accused Shaukat Ali was discharged from the offence. The police on the basis of evidence also declared the petitioner innocent but he was not discharged from the offence and he is in judicial lock up since 26-8-2007. The detention of the petitioner in jail is punishment before trial, which is not mandate of law. The petitioner is not required for further investigation. As the petitioner has been declared innocent by the police and no evidence is available on the file, prima facie, it is a case of further inquiry to the extent of petitioner. So, he is allowed post-arrest bail subject to his furnishing bail bonds in the sum of Rs. One lac with one surety in the like amount to the satisfaction of the trial Court. H.B.T./M-584/L Bail granted.