2012 PLP 1338 (YLR)

MAZHAR IQBAL SIDHU, J.

Petitioner Zawar seeks post-arrest bail in a case registered vide F.I.R. No. 195 dated 27-5-2011 under sections 148/149/427/302, P.P.C. at Police Station Garh, District Faisalabad lodged on the complaint of Irfan Ali alias Sonia.

2. Pithily Muhammad Ali and Manzoor Ahmad father and uncle of the complainant respectively were injured to death by the petitioner and his co-accused.

3. Specific allegation against the petitioner is that he made a fire shot with his rifle hitting on the rear of neck of deceased Muhammad Ali.

4. Learned counsel for the petitioner submits that Nazar Muhammad from the side of the petitioner was done to death by the complainant party; his death has been concealed by the complainant; the complainant has distorted and twisted the facts while reporting the matter to the police; during investigation cross-version was introduced in which the complainant party has been found involved and report under section 173, Cr.P.C, on being prepared has been put to the court it being a case of cross-version it is yet to be seen after recording the evidence that which of the parties initiated aggression and aggressed upon. It has been further submitted that postmortem report does not corroborate the ocular account qua the role of the petitioners because from the brain matter of deceased Muhammad Ali pellets were recovered whereas the petitioner was holding allegedly a weapon through which a bullet is fired. Lastly it has been submitted that material available on the record, prima facie, makes out a case of further inquiry in favour of the petitioner, therefore, the petitioner may be allowed bail after accepting the instant petition.

5. Learned D.P.-G. assisted by the learned counsel for the complainant has opposed the bail petition on the grounds that the petitioner is nominated in the F.I.R. fatal injury qua deceased Muhammad Ali has been attributed to him; Nazar Muhammad deceased of the alleged cross-version has been opined to have been murdered by the accused party of the instant case on account of his second childhood and senility in order to equalize its case; during investigation cross-version has not been found genuine and the offence alleged falls within the prohibitory clause of section 497, Cr.P.C, therefore, the petitioner is not entitled to bail.

6. I have heard the arguments and have also gone through the record.

7. Indubitably the petitioner is nominated in the F.I.R but the fact remains that he allegedly made a fire shot with his rifle on the back of neck of deceased Muhammad Ali but the doctor has categorically mentioned in the postmortem report that pellets were recovered from the brain matter of the deceased. During incident Nazar Muhammad from the petitioner's side was done to death allegedly by the complainant party. Factum if his murder has been made clandestine by the complainant while reporting the matter to the police. Report under section 173, Cr.P.C. in the F.I.R's. case as well as in the counter version's case have been submitted in the court and it is yet to be seen which of the versions is correct and this fact by itself needs probe through trial. In these circumstances, prima facie, case of the petitioner has come within the ambit of further inquiry as envisaged under subsection (2) of section 497, Cr.P.C.

8. Therefore, in the circs instant petition is allowed and the petitioner is granted bail provided his furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lac only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.

9. It is markedly desired that the observations op-cit are tentative in nature and shall not cause any effect at the mind of the of the learned trial Court while deciding the case finally. M.W.A./Z-10/L Bail granted.