2021 PLP 29 (YLRN)

RAJA SHAHID MEHMOOD ABBASI, J.

Through this petition under section 497, Cr.P.C., the petitioner Muhammad Awais, seeks post-arrest bail in case FIR No.227 dated 21.12.2019 registered under section 302/324/34, P.P.C., at Police Station Noshehra District Khushab.

2. Precisely the prosecution story narrated by Muhammad Awais complainant/petitioner, in the crime report is that on 21.12.2019 at 07:30 pm, accused Muhammad Fayaz, Ilyas and Aamer, while equipped with their respective weapons, entered into the house of her paternal aunt Mst. Ashra Bibi from roof top and Muhammad Fayaz accused fired upon Mst. Ashra Bibi which landed on her abdomen, who subsequently succumbed to said injuries.

3. Heard. Record perused.

4. This unfortunate occurrence took place within the area of Police Station Noshehra District Khushab in which Mst. Ashra Bibi, paternal aunt of the petitioner, was murdered in her residential house and the matter was reported to the police by Muhammad Awais present petitioner, himself against three nominated accused namely Muhammad Fayaz, Ilyas and Aamer. Subsequently the petitioner was involved in this case on the statement of Abdul Qudoos and Abdul Razaq, brothers of the deceased, on the same day i.e. 21.12.2019 and he was transported from complainant to accused. It is admitted fact that said brothers of the deceased are not the eye-witnesses of the occurrence and at present the case is of two versions, one given in the FIR lodged by Muhammad Awais petitioner himself and the second version brought on record during investigation of the case on the statement of Abdul Qudoos and Abdul Razaq, brothers of the deceased. The worth of such evidence would be determined by the learned trial court seized with the power after recording evidence. Out of said two versions which one is correct one, would definitely be determined by the learned trial court seized with the power after recording evidence. Reliance is placed on case of Ehan Ulfah v. The State (2012 SCMR 1137). Keeping in view the two conflicting versions, one given by the present petitioner while lodging the FIR and the other by the brothers of the deceased, surely renders the case of the petitioner as one of further inquiry as envisaged in subsection (2) of section 497, Cr.P.C. The petitioner is behind the bars since his arrest. The investigation to his extent is already complete and he is no more required for further investigation. No useful purpose would be served by keeping the petitioner behind the bars.

5. In view of above, this petition is accepted and the petitioner Muhammad Awais is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two lac) with one surety each in the like amount to the satisfaction of the learned trial court. SA/M-130/L Bail granted.