2002 PLP 1220 (YLR)

Sahibzada Farooq Ali for Petitioner. Zawar Hussain Mahuta for the State. Aziz ur Rehman son of Mahr Sultan, petitioner, has sought his post‑arrest bail in a case F.I.R. No.267 of 2000 registered at Police Station Karor, District Layyah, for offences under section 302/34, P.P.C.

2. According to the F.I.R., on 16‑9‑2000 Hafeez ur Rehman, deceased, cousin of the complainant, was present at his house. At about 2‑00 p.m. Aziz ur Rehman (petitioner) came to Hafeez ur Rehman and kept sitting with him. After a short while Aziz ur Rehman‑petitioner asked Hafeez ur Rehman to accompany him to his agricultural land. It is further stated that Hafeez ur Rehman was tenant of the said land. He accompanied Aziz ur Rehman, petitioner, and left for agricultural land. It is also stated; that on 17‑9‑2000 at about morning time, the complainant was informed that Hafeez ur Rehman, cousin of the complainant, had been murdered. The complainant went to the place of occurrence and discovered that two empties of .30 bore Pistol were lying near the dead body of Hafeez ur Rehman, while his shirt, Safa and cycle were also missing. The deceased received injuries on his head, abdomen and buttocks. There were also foot prints of two persons at the spot. The suspicion was shown against the narcotic paddlers, in the F.I.R., relating to the murder of Hafeez ur Rehman.

3. The petitioner was arrested in this case on 30‑11‑2001 and according to the prosecution while he was arrested in some other case and was lodged in the bail, physical remand of the petitioner was taken by the police and thereafter he led to the recovery of .30 bore Pistol, on 19‑6‑2001.

4. I have heard the learned counsel for the parties and gone through the record. It has been noticed that no suspicion had been made against the petitioner in the F.I.R. There is no incriminating evidence against the petitioner except that last time the deceased was seen in his company. The pistol alleged recovered from the petitioner was sent to Forensic Science Laboratory, Lahore. According to the report of Forensic Science Laboratory, dated 27‑8‑2001, the recovered empties from the spot, did not tally with Pistol recovered from the petitioner. During investigation three other persons were also involved in this case as accused, who are already on bail. The petitioner was found innocent in two investigations conducted by the D.S.P. and S.P. Crimes Branch, D.G. Khan. The prosecution has also shown that the petitioner led to the recovery of sandals belonging to the deceased but it can hardly be termed as incriminating evidence against the petitioner.

5. For what has been discussed above, the allegations against the petitioner need further probe and inquiry within the purview of subsection (2) of section 497 Cr.P.C., therefore, I am inclined to accept this petition and admit the petitioner to bail, subject to his tendering bail bonds in the sum of Rs. One Lac, with two sureties, each in the like amount to the satisfaction of the trial Court. H.B.T./A‑459/L Bail granted.